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.... 345 at p. 361, per Lord Blackburn, and China National Foreign Trade Transportation Corporation v Evlogia Shipping CO. S.A. of Panama (The Mihalios Xilas), ...statement for the difference between waiver by election and waiver by estoppel is that of Lord Diplock in Kammins Ballrooms Co Ltd v. Zenith Investments (Torquay...(Corinth) Refineries SA v. Shipping Corporation of India (The Kanchenjunga) [1990] 1 Lloyd's Rep 391 (HL), where he said (at 398/399): "Election itself is...
...clear and unequivocal terms: China National Foreign Trade Transportation Corporation v- Evlogia Shipping Co S.A. of Panama (The "Mihalios Xilas") [1979] 1 WLR 1018 at 1024; Motor ...Hellas (Corinth) Refineries S.A. v- Shipping Corporation of India (The "Kanchenjunga") [1990] 1 Lloyd's LR 391 at 398; Watson v- Burton [1956] 3 All ER 929 at 937. Mr...Introduction1. This is an appeal from the order of His Honour Judge Cotter QC on 17 December 2010 in the Exeter County Court, by which he ordered the appellant, Brian...
...Transportation Corporation v. Evlogia Shipping Co. S.A. of Panama (The Mihalios Xilas), [1979] 2 Lloyd's Rep. 303 at p. 307; [1979] 1 W.L.R. 1018 at p. 1024, per ...Ballrooms Co. Ltd. v. Zenith Investments (Torquay) Ltd., [1971] A.C. 850 at p. 883. But of course an election need not be made in this way. It can be communicated to the other party...Phosphate Co (1873) 3 App Cas 1218 at p1279, the question is whether, "the balance of justice is in favour of granting the remedy or withholding it". 108. It is...
...Transportation Corporation v Evlogia Shipping Co S.A. of Panama (The Mihalios Xilas), [1979] 1 W.L.R. 1018 at p.1024, per Lord Diplock)." 208. Commu...Corporation v. Evlogia Shipping Co. S.A. of Panama [1979] 1 W.L.R. 1018 , 1024, 1034-1035, in my opinion make it quite clear that a person who has the right to r...was restated in Motor Oil Hellas (Corinth) Refineries S.A. v Shipping Corporation of India ("The Kanchenjunga") [1990] 1 Lloyd's Rep 391, where it was held...
...very wide use, and was the subject of judicial consideration in A M Satterthwaite & Co Ltd v New Zealand Shipping Co Ltd (The Eurymedon) [1975] AC 154 at 165 and Port...Sillavan Ltd v Aliakmon Shipping Co Ltd (The Aliakmon) [1986] AC 785 at 809, Lord Brandon of Oakbrook, in an opinion with which all...ownership of or a possessory title to the property at the time when the damage occurred: Leigh and Sillavan Ltd v Aliakmon Shipping Co Ltd (The Aliakmon) [1986] AC...
...Yorkagainst Tradax Export S.A., Panama, et e contra, Thatthe Committee had heard Counsel as well on Mondaythe 23rd as on Tuesday the 24th, Wednesday the 25thand Thursday the 26th days of February...Export S.A., Panama (Original Respondents and Cross-Appellants). HOUSE OF LORDS BUNGE CORPORATION, NEW YORK(ORIGINAL APPELLANTS AND CROSS-RESPONDENTS...) v. TRADAX EXPORT S.A., PANAMA(ORIGINAL RESPONDENTS AND CROSS-APPELLANTS) Lord WilberforceLord Fraser of TullybeltonLord ScarmanLord LowryLord Roskill...
...Lordships' House in GH Renton & Co Ltd v Palmyra Trading Corporation of Panama 1957 AC 149. But for the reasons given by my noble and...; G H Renton & Co Ltd v Palmyra Trading Corporation of Panama [1957] AC 149. Cargo owners unsuccessfully challenged the existing rule in...followed in Australia: Shipping Corporation of India v Gamlen Chemical Co A/Asia Pty Ltd (1980) 147 CLR 142 and...
...a number of one-ship companies, including the second to fifteenth Claimants. All the Claimants are indirect subsidiaries of JSC Novorossiysk Shipping Company ("NSC" or "Novoship") a company...Sovcomflot, a shipping company incorporated in the Russian Federation which is wholly owned by the Russian State. The Group has one of the largest tanker fleets in the world. Personnel at...Ruperti is a Venezuelan businessman who owns and controls a number of companies including Maroil Trading Inc, Nautica Shipbrokers C.A., Interpetrol & Trafigura de Venezuela S.A., which in late 2004 became...
...administrative matters on behalf of various chartering vehicles. 6. Huaya Maritime Corporation was one of these. It was incorporated in Panama on 23 July 2010 but was dissolved a year...later on 12 May 2011. Mr Hua was one of its directors and its secretary. The company chartered ships for Huaya Shipping. 7. On 30 November 2011, Huaya was incorporated in the Marshall...Islands. It appears to have traded as the chartering arm of Huaya Shipping, the latter being identified as the manager of Huaya. The manager's address for Huaya in the charterparty which was the subject...
..., China National Foreign Trade Transportation Corporation v Evlogia Shipping Co. SA of Panama [1979] 1 WLR 1018 and Motor Oil Hellas (Corinth) Refineries SA v Shipping Corporation...reflection, however, and guided in particular by certain observations of Lord Donaldson MR in Stewart Gill Limited v Horatio Myer & Co Ltd...IN THE SUPREME COURT OF JUDICATURE No QBENI 96/1236/E IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM ORDER OF HIS HONOUR JUDGE THOMPSON Royal Courts of Justice Strand London WC2...
...of Lords both in that case and subsequently in China National Foreign Trade Transportation Corporation v Evlogia Shipping Co ("The...National Foreign Trade Transportation Corporation v Evlogia Shipping Co ("The Mihalios Xilas") [1978] 1 WLR 1257, the owners gave notice...end. 92. Mr Bright placed particular reliance on a passage from the judgment of Rix LJ in Stocznia Gdanska S.A. v Latvian Shipping...
...group through Mr. Stelios Hadjigeorgiou of their brokers, Agelef Shipping Co (London) Ltd. On 19 April 2001 Mr. Angelicoussis indicated that he "was looking for at least 90 million net" of...$21.5 million under a memorandum of agreement dated 3 April 2003, and the "Moscow Mariner" was sold by Megaslot IV Shipping Co. Ltd., the 6th claimant in the Fiona action for $21.55 million under a.... ii) The "Mekhanik Kurako" was sold to Thomas Jacobsen & Co (who ultimately nominated Jaco Stove Shipping Ltd. as the buyers) under a memorandum of agreement dated 4 June 2003. The sale was...
...Chandris Shipping Corporation v Unimarine S.A. [1979] QB 645 in which the then practice of the Commercial Court was said to have been that the existence of assets...Corporation of Panama but the Court of Appeal reversed him; Sir John Donaldson MR said (page 81F):- "When it came to Milco, which is incorporated in Panama, but no doubt like most Panamanian...companies has its base of operations elsewhere, the Vice Chancellor said that "there is no evidence before me that either a Mareva order or any eventual judgment can be enforced against Milco in Panama...
...) LOUCAS HAJI-IOANNOU (2) KYPROS COMPANIA NAVIERA SA (3) LEFKOSIA COMPANIA NAVIERA SA (the Second and Third Plaintiffs being incorporated under the laws of Panama) Plaintiffs/Appellants and (1) IOANNIS...) EUROPEAN CRUISES SA (13) ANGELIKA HOLDINGS SA (14) SEA LEVEL SHIPPING CO LTD (15) "CAPITAL NICHOLAS" MARITIME SA (the Second to Ninth, Eleventh to...Thirteenth and the Fifteenth Defendants being bodies incorporated under the laws of the Republic of Panama, the Tenth and the Fourteenth Defendants being bodies incorporated under the Laws of Liberia...
.... Greenstone Shipping S.A. (Panama) [1988] Q.B. 345, and the United States silo cases of which Savage v. Salem Mills Co. (1906)...~ had been decisive of the present appeal it would have been necessary to examine cases such as Carlos Federspiel & Co. S.A. v. Charles Twigg & Co. Ltd. [1957] 1...: see the observations of Brett L.J. in Simm v. Anglo-American Telegraph Co. (1879) 5 QED 188 at page 212. Assuming that the decision was nevertheless correct t The question is whether...
...Steel Co. Ltd. -v- Sutherland Steam Shipping Co. Ltd. (5 Com. Cas. p.106), said that the adjectives, in the phrase "regular and punctual payment", "add nothing to the stringency of the simple...account for Reinante Transoceania Navigacion S.A. of Panama re m.s. "Brimnes". Because the right to receive the hire was assigned by the shipowners to M.G.T., and notice of the assignment was given by...Cubana de Fletes -v- Lagonisi Shipping Co. Ltd. (1971 1 Q.B. p.488). The owners accept, however, that in this court we are bound by that decision; and, as I understand it, they accept that the...
...Rule 6 period. This was the position in Government of Sierre Leone v Marmaro Shipping Co. Ltd. (The Amazonia and the Yayamaria) [1989] 2.... 99. The Court of Appeal decision in Baghlaf Al Zafer Factory Co. Br for Industry Ltd v Pakistan National Shipping Co. and another [1998] 2 Lloyd's Rep. 299...Bua International Ltd v Hai Hing Shipping Co (The Hai Hing) [2000] 1 Lloyd's Rep. 300, in the context of various challenges to the extension ...
...Foreign Trade Transportation Corporation v Evlogia Shipping Co SA of Panama (The Mihalios Xilas) [1979] 2 Lloyd's Rep 303 at p 307; [1979] 1 WLR 1018...Flacker Shipping Ltd v Glencore Grain Ltd [2002] EWCA Civ 1068, [64]- [68]. At paragraphs 51 and 52 of h...referred to the observations of Lord Goff of Chieveley in Motor Oil Hellas (Corinth) Refineries SA v Shipping Corporation of India (The Kanchenjunga") [1990] 1...
.... The SJ Defendants placed particular reliance on what they described as the elucidation of the concept of subject matter jurisdiction in the seminal judgment in Société Eram Shipping Co Ltd v Compagnie...authorised custodian. h. On 18 July 2022 at 1pm (Panama time), a meeting of Gatiabe's shareholders was held which was attended by Franklin Briceño Salazar who represented Mrs Bourlakova as...appointment was for any reason or to any extent not valid, to appoint the January 2022 Directors as directors of Gatiabe. i. On 18 July 2022 at 1.15pm (Panama time), a meeting of Gatiabe's...
...the parties when these are clearly ascertainable. Mr. Morris drew my attention to the decision of the Court of Appeal in Bouygues Offshore S.A. v Caspian Shipping Co...to Beirut. The containers were carried under two bills of lading issued by United Agencies Shipping Co (Hong Kong) Ltd as agents for the first claimants, United Arab Shipping Company S.A.G. ( UASC...agents in Hong Kong, United Agencies Shipping Co. There was an exchange of correspondence during 1998 which led to a letter being written by Holman Fenwick & Willan to Galleon's lawyers, Vincent T.K...