The Brimnes ; Tenax Steamship Company Ltd v The Brimnes (Owners)

JurisdictionEngland & Wales
Judgment Date23 May 1974
Judgment citation (vLex)[1974] EWCA Civ J0523-2
CourtCourt of Appeal (Civil Division)
Date23 May 1974
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53 cases
  • Kuwait Rocks Company (Appellants/Charterers) v Amn Bulkcarriers Inc. (Respondents/Owners)
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 18 April 2013
    ...reference back to the citation at [16.129] of the judgment of Brandon J in The Brimnes [1973] 1 WLR 386, affirmed by the Court of Appeal [1975] 1 QB 929. It was that decision (which I consider below) which the tribunal in the present case clearly regarded as setting out the position under E......
  • Raffles Money Change Pte Ltd v Skandinaviska Enskilda Banken AB (Publ)
    • Singapore
    • High Court (Singapore)
    • 17 February 2009
    ...is that, in the present case, there were no funds available for payment to the Appellant. For this reason, the decision in The Brimnes [1975] QB 929 at 963, which the Appellant has relied on for the proposition that payment is said to be complete when the creditor receives cash or has cash ......
  • Min Hong Auto Supply Pte Ltd v Loh Chun Seng and Another
    • Singapore
    • High Court (Singapore)
    • 24 April 1993
    ...note, there was a failure of consideration. That suggestion is quite unfounded. ... In Tenax Steamship Co Ltd v The Brimnes (Owners) [1975] QB 929 the English Court of Appeal had to construe a clause in a time charterparty which required that the owner of the vessel was to be paid in cash i......
  • Awilco A/S v Fulvia SpA di Navigazione, The Chikuma
    • United Kingdom
    • House of Lords
    • 19 February 1981
    ...that the clause 5 of the New York Produce Exchange form of charterparty has been before the courts. In giving his considered judgment in The Brimnes [1973] 1 W.L.R. 386, Brandon J. (as he then was), at p.400, said of this very clause:— "I consider first the meaning of 'payment … in cash' i......
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3 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Bank and Customer Law in Canada. Second Edition
    • 19 June 2013
    ...(Alta. S.C.A.D.) ............ 14 Brewer v. Westminster Bank Ltd., [1952] 2 All E.R. 650 (Q.B.D.) ..................... 253 Brimnes, The, [1975] Q.B. 929 (C.A.) ................................................................. 368 Bristol and West Building Society v. Mothew, [1998] 1 Ch. 1 (......
  • Electronic Funds Transfer Systems
    • Canada
    • Irwin Books Archive Bank and Customer Law in Canada
    • 8 September 2007
    ...above note 50; Libyan Arab Foreign Bank v. Manufacturers’ Hanover Trust Co. (No. 2) , [1989] 1 Lloyd’s Rep. 608 (Q.B.). 66 The Brimnes , [1975] Q.B. 929 (C.A.). 67 [1977] A.C. 850 (H.L.). 68 [1993] 2 Bank. L.R. 267 (Ch. D.). 69 1991 S.L.T. 31. 70 [1981] 1 W.L.R. 314 (H.L.). Electronic Funds......
  • ALL ABOUT TIME: FINALITY AND COMPLETION OF PAYMENT BY FUNDS TRANSFER
    • Singapore
    • Singapore Academy of Law Journal No. 2005, December 2005
    • 1 December 2005
    ...University Press, 2001) at pp 267—269. 15 Tenax Steamship Co Ltd v The Brimnes (“The Brimnes”) [1972] 2 Lloyd’s Rep 465, affirmed in [1975] QB 929. This case will be discussed in depth further below. See also Mercedes-Benz Finance Ltd v Clydesdale Bank plc1997 SLT 905, a Scottish decision w......

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