Oceanic Freighters Corporation v M.v Libyaville Reederei und Schiffahrts G.m.b.H. (Libyaville)

JurisdictionEngland & Wales
Date1975
CourtQueen's Bench Division
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11 cases
  • Owneast Shipping Ltd v Qatar Navigation QSC
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 7 July 2010
    ...a notice to be served only in defined circumstances. 9 The tribunal considered a number of authorities including The Libyaville [1975] 1 Lloyd's Rep 537; The Rio Sun [1981] 2 Lloyd's Rep 489; The Afovos [1982] 2 Lloyd's Rep 469 and [1983] 1 Lloyd's Rep 335 and Noemijulia SS Co Ltd v Minist......
  • Mardorf Peach & Company Ltd v Attica Sea Carriers Corporation of Liberia (Laconia)
    • United Kingdom
    • House of Lords
    • 2 February 1977
    ...he can include a stipulation for notice before withdrawal, as was done in the second "anti-technicality clause" in the Libyaville [1975] 1 Lloyds Rep. 537, and by similar clauses in other forms of charterparty that were shown to 74I consider therefore that when hire was tendered on the aft......
  • China National Foreign Trade Transportation Corporation v Evlogia Shipping Company S.A. of Panama (Mihalios Xilas)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 5 July 1978
    ... ... Justice Mocatta in The "Libyaville" (1975) 1 Lloyd's Law Reports at page 554 :- ... Timber Shipping Co. v. London Freighters Ltd. (1972) Appeal Cases 1 ... Further the ... ...
  • Western Bulk Carriers K/S v Li Hai Maritime Inc. (The "Li Hai")
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 5 May 2005
    ...clause. These clauses have only recently come up for consideration of the courts. In Oceanic Freighters Corporation v. M. V. Libyaville Reederei und Schiffahrts G.m.b.H. (The Libyaville) [1975] 1 Lloyd's Rep. 537, 554, Mocatta J. said: "… the courts should do their best, consistently with l......
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2 firm's commentaries
  • Commercial Court Upholds Anti-Technicality Clause
    • United Kingdom
    • Mondaq United Kingdom
    • 12 November 2010
    ...from hire is bona fide, even though the amount which he deducts turns out to have been too much. The judge also cited The Libyaville [1975] 1 Lloyd's Rep 537, where the charterparty contained a clause in terms very similar to clause 62. In that case, Mocatta J found on the evidence that the......
  • Commercial Court Upholds Anti-Technicality Clause
    • United Kingdom
    • Mondaq United Kingdom
    • 6 September 2010
    ...from hire is bona fide, even though the amount which he deducts turns out to have been too much. The judge also cited The Libyaville [1975] 1 Lloyd's Rep 537, where the charterparty contained a clause in terms very similar to clause 62. In that case, Mocatta J found on the evidence that the......

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