Federal Commerce & Navigation Company Ltd v Molena Alpha Inc. (Benfri, Lorfri, Nanfri)
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE GOFF,Lord Justice Cumming-Bruce,LORD JUSTICE CUMMING-BRUCE |
| Judgment Date | 18 April 1978 |
| Judgment citation (vLex) | [1978] EWCA Civ J0418-2 |
| Date | 18 April 1978 |
| Court | Court of Appeal (Civil Division) |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
284 cases
-
Eminence Property Developments Ltd v Heaney
...at an end and acted accordingly. In support of those propositions, Mr Clarke relied particularly on Federal Commerce & Navigation Co Ltd v Molena Alpha Inc (The Nanfri, Benfri and Lorfri) [1978] QB 949 (CA), [1979] AC 757 (HL) (“ the Nanfri”), Woodar, Chilean Nitrate Sales, and Bridgen v La......
-
Hyundai Merchant Marine Company Ltd v Trafigura Beheer B.v "The Gaz Energy"
...21, it could be filled by the exercise by the charterer of the right of set-off recognised by the Court of Appeal in The Nanfri [1978] 2 Lloyd's Rep 132, is a particularly satisfactory one. That right of self help has its potential perils (see the discussion in Wilford at para 16.51) and i......
-
Vaswani v Italian Motors (Sales and Services) Ltd
... ... 245 , P.C. and Federal Commerce & Navigation Co. Ltd. v. Molena Alpha ... Ltd. v. Molena Alpha Inc. [ 1978 ] Q.B. 927 ; [ 1978 ] 3 W.L.R ... that these words refer to the defendant company's sellers' list price at the date of delivery, ... ...
- Golden Sands Construction Sdn Bhd; Industrial & Agricultural Distribution Sdn Bhd
Request a trial to view additional results
3 firm's commentaries
-
Commercial Court Upholds Anti-Technicality Clause
...in accordance with clause 62 and therefore a clause 62 notice was not required. Mr Justice Christopher Clarke relied on The Nanfri [1978] QB 927, where it was held that an owner may not withdraw a vessel for non-payment of hire inter alia if the charterer's deduction from hire is bona fide,......
-
Commercial Court Upholds Anti-Technicality Clause
...in accordance with clause 62 and therefore a clause 62 notice was not required. Mr Justice Christopher Clarke relied on The Nanfri [1978] QB 927, where it was held that an owner may not withdraw a vessel for non-payment of hire inter alia if the charterer's deduction from hire is bona fide,......
-
Equitable Set-off And Adjudication Enforcement
...equitable set-off. Reference was made to the Judgment of Lord Denning MR in Federal Commerce & Navigation Limited v Molena Alpha Inc [1978] 1 QB 927 page 974 summarising the point: It is not every cross-claim which can be deducted. It is only cross-claims that arise out of the same tran......
4 books & journal articles
-
THE COURT‘S RESPONSE TO COUNTERCLAIMS IN PROCEEDINGS FOR SUMMARY JUDGMENT
...Tiles Supplies v Torie Construction [1991] 2 SLR(R) 901 and Hiap Tian Soon Construction v Hola Development [2003] 1 SLR(R) 667. 19 [1978] QB 927 at 974-975. The Court of Appeal also accepted (Pacific Rim Investment v Lam Seng Tiong [1995] 2 SLR(R) 643 at [36]-[37]) Lord Denning MR‘s qualifi......
-
Carriage of Goods by Charterparty
...above note 211, cl.6. 222 See the discussion above at note 98. 223 Federal Commerce & Navigation Ltd. v. Molena Alpha Inc. (The Nanfri), [1978] Q.B. 927 (C.A.), aff'd on other grounds, [1979] 1 All E.R. 307 (H.L.). See also Santiren Shipping Ltd. v. Unimarine (The Chrysovalandou Dyo), [1981......
-
Equity and Trust
...by relying on the opinion of Lord Denning MR as expressed in Federal Commerce & Navigation Co Ltd v Molena Alpha Inc (‘The Nanfri’) [1978] QB 927, and as approved of by the local Court of Appeal in Pacific Rim Investments Pte Ltd v Lam Seng Tiong[1995] 3 SLR 1. According to the court, becau......
-
Building and Construction Law
...the court followed the decision of the English Court of Appeal in Federal Commerce & Navigation Co Ltd v Molena Alpha Inc (The Nanfri)[1978] QB 927 at 988, in holding that the exclusion of a right generally available at law can only be achieved by clear provisions to that effect, and not si......