Transgrain Shipping (Singapore) PTE Ltd v Yangtze Navigation (Hong Kong) Co Ltd & Anor [2016]

Transgrain Shipping (Singapore) PTE Ltd v Yangtze Navigation (Hong Kong) Co Ltd & Anor [2016] EWHC 3132 - 07 December 2016 (Teare J)

“In a claim for an indemnity under the Inter-Club Agreement, it was held that the true construction of clause 8(d) and, in particular, the term "act" in the phrase "act or neglect", did not require fault. Therefore, Charterers' order not to discharg…

“In a claim for an indemnity under the Inter-Club Agreement, it was held that the true construction of clause 8(d) and, in particular, the term "act" in the phrase "act or neglect", did not require fault. Therefore, Charterers' order not to discharge soya bean meal for over 4 months due to non-payment by receivers was considered an "act" within the ambit of clause 8(d), and Charterers were required to bear 100% of the claim.”

Vasilis Bikakis
E. G. Arghyrakis & Co.
14th December 2016

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Bank of Baroda, GCC Operations & Ors v Nawany Marine Shipping FZE & Ors [2016]