Précis: The Federal Court held that Brazilian law applied to a claim for bunkers supplied to a chartered vessel in Brazil and that such law gave the supplier a maritime lien but, there was no in personam claim as against the ship owner when the charterer ordered the bunkers.
Full SummaryCalogeras & Master Supplies Inc. v. Ceres Hellenic Shipping Enterprises Ltd., 2010 FC 1318, 2011 FCA 334
The plaintiff in this matter was a ship chandler who had supplied various ships managed by the defendant over a number of years. This action was for payment of invoices in respect of those supplies as well as interest and legal fees, which fees were recoverable pursuant to the terms of the contract. The case primarily turned on its particular …
Full SummarySealand Marine Electronics Sales & Services Ltd. v. The "Lukey's Boat", 2009 FC 32
This was a simplified action for recovery of a balance owing on an invoice relating to the supply of electrical equipment to a vessel. The main factual issue in the case was whether, when the order for the equipment was placed, the price was to include a transducer. The Court found as a fact that there was no agreement to …
Full SummaryTrans Tec Services Inc. v. The "Lyubov Orlova", 2002 FCA 275
This was an appeal from a summary trial application in which the Plaintiff’s claim was dismissed. The Plaintiff had supplied bunkers to the defendant ship pursuant to a contract between the Plaintiff and the charterer. The Defendant was a sub-charterer who had paid to the Plaintiff the amounts said to be owing in respect of bunkers. The payments specified that …
Full SummaryLogistec Stevedoring Inc. v. Amican Navigation Inc. et al., 2001 FCT 681
This was an action by the Plaintiff stevedoring company to recover $240,000.00 in stevedoring charges. The Defendants were the shipowner and the shipowner’s general agent. The shipowner did not appear at the trial and default judgment was given against it. The agent argued that it had contracted with the Plaintiff as agent only and was therefore not personally liable to …
Full SummaryCalogeras Marine Inc. v. Navihouse S.A., 1997 CanLII 4770
In this matter the Plaintiff ship chandler recovered the unpaid portion of an invoice relating to goods supplied to the Defendant vessel. The only issue was whether the Plaintiff was entitled to recover a discount that had been given to the Defendants. The Court held the discount was conditional on prompt payment by the Defendants and, since they did not …
Full SummarySeamaid Fishing Ltd. v. 328174 B.C. Ltd., 1995 CanLII 254
This was an action in negligence for failure on the part of a manufacturer of rebuilt injectors to warn of defects in the injectors. In December, 1988, twelve fuel injectors, rebuilt by the Defendant, were installed in the Plaintiff’s vessel. In April, 1989, one of these injectors failed after only 200 hours service when a tip broke off. In that …
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