Moschanthy, The (Aristides)
Jurisdiction | England & Wales |
Date | 1971 |
Year | 1971 |
Court | Queen's Bench Division |
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58 cases
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The ‘Bunga Melati 5’
...2 Lloyd's Rep 509 (refd) MCST Plan No 473 v De Beers Jewellery Pte Ltd [2002] 1 SLR (R) 418; [2002] 2 SLR 1 (refd) Moschanthy, The [1971] 1 Lloyd's Rep 37 (folld) Nippon Yusen Kaisha v Karageorgis [1975] 1 WLR 1093 (refd) Ocean Jade, The [1991] 1 SLR (R) 354; [1991] SLR 583 (refd) Opal 3, T......
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The "Evpo Agsa"
...... The amount of claim is not a matter of discretion of the court but entitlement. Brandon J in ` The Moschanthy `2 at p 37 said that the amount of security should cover the plaintiff`s reasonably arguable best case.Later, in ` The Polo II`3 Brandon J gave ......
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FSL-9 Pte Ltd and Another v Norwegian Hull Club
...were begun by owners against the club on 26 November 2015. On the basis of their reasonably arguable best case (see the test in The Moschanthy [1971] 1 Lloyd's Rep 37 at p.44, Brandon J), the owners say that they are under-secured in the sum of US$2,261,846.82. The club says that the figure......
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Treasure Valley Group Ltd v Saputra Teddy and Another (Ultramarine Holdings Ltd, intervener)
......Brandon J in The Moschanthy [1971] 1 Lloyd 37 at 42 held that the question as to whether the court has jurisdiction to entertain the claim in rem must be answered “by ......
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6 books & journal articles
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IN PERSONAM LIABILITY, BENEFICIAL OWNERSHIP AND THE ACTION IN REM
...aforesaid.” 5 See “The Monica S”[1968] P. 741 at 749. 6 [1957] P. 179. See also “The St. Merriel”[1963] P. 247, 258; “The Moschanthy”[1971] 1 Lloyd’s Rep. 37 at 42 and “The Antonis P Lemos”[1985] A.C. 711. 7 See the approach of the courts in “The Wigwam”[1983] 1 M.L.J. 148 and “The Evpo Ags......
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FULFILLING THE DUTY OF FULL AND FRANK DISCLOSURE IN ARREST OF SHIPS
...SLR 1096 at [51]–[54]. 61 Cap 143A, 2002 Rev Ed. 62[1989] 1 SLR(R) 433. 63The Evmar[1989] 1 SLR(R) 433 at [16]. 64 See The Moschanthy[1971] 1 Lloyd's Rep 37; The Polo II[1977] 2 Lloyd's Rep 115 at 119; see also The Arktis Fighter[2001] 2 SLR(R) 157 at [7]. 65The Evmar[1989] 1 SLR(R) 433 at ......
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Admiralty
...upon which the matter or security or guarantee to get an arrested ship released or bailed is considered: see The “ Moschanthy ” (1971) 1 Lloyd’s Rep. 37 at 44. The other way of stating the principle is that in the absence of a strong contrary evidence the amount of bail or guarantee should ......
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Admiralty, Shipping and Aviation Law
...in merit, his Lordship considered striking out to be the proper procedural route. 2.54 Her Honour also relied on The MoschanthyUNK[1971] 1 Lloyd's Rep 37 at 42 (The Moschanthy), in which (perhaps more pertinently to the issue at hand), the defence that there was no contract of carriage ente......
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