The "Halcyon Isle" Bankers Trust International Ltd v Todd Shipyards Corporation
| Jurisdiction | UK Non-devolved |
| Judgment Date | 1980 |
| Date | 1980 |
| Year | 1980 |
| Court | Privy Council |
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47 cases
- Ocean Jade', Owners of cargo laden on board the ship or vessel; 'Ocean Jade', Owners of the ship or vessel v; The Ocean Jade
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The "Ocean Jade"
...5 LRPC 134 (refd) Conoco Britannia, The [1972] 2 QB 543 (refd) Fortitude, In re (1843) 2 W Rob 217; 166 ER 736 (refd) Halcyon Isle, The [1981] AC 221 (folld) J (an infant), Re [1960] 1 WLR 253; [1960] 1 All ER 603 (folld) Kaleten, The [1914] 30 TLR 572 (distd) Place v Potts (1855) 5 HLC 383......
- Elbe Shipping Sa v the Ship Global Peace
- Tisand (Pty) Ltd v the Owners of the Ship Mv Cape Moreton (Ex Freya)
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3 firm's commentaries
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Foreign maritime lien recognised under Australian admiralty law: Federal Court rejects Halcyon Isle
...determine whether such a lien arose under the law of the United States or Canada. The majority of the Privy Council in The Halcyon Isle [1981] AC 221, in a much-criticised decision, had held that the existence of a maritime lien was to be determined according to the law of the forum. Howeve......
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Australia permits arrest of vessel on foreign maritime lien claim
...lien for the supply of necessaries, including bunkers. Prior to this case, following the Privy Council decision in the "Halcyon Isle" ([1981] AC 221) the existence of a maritime lien was held to be a matter of procedure, which was to be determined under Australian law for any claims commenc......
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Maritime lien challenge appeal successful: Ship 'Sam Hawk' v Reiter Petroleum Inc [2016] FCAFC 26
...of this case." His Honour, in declining to stay the arrest, did not follow the Privy Council's decision in The "Halcyon Isle" [1981] AC 221 and applied the lex loci contractus as giving rise to a maritime lien, although the lex fori did not recognise the supply of necessaries as giving rise......
17 books & journal articles
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The Protection Of Seafarers' Wages In Admiralty: A Critical Analysis In The Context Of Modern Shipping
...SCC 90. For the UK position, see the majority decision in Bankers Trust International Ltd v Todd Shipyards Corporation, The Halcyon Isle [1981] AC 221. 180 Admiralty Act 1988 (Cth) (Aus), section 4(3)(t)(ii). 181 See: Admiralty Act 1988 (Cth) (Aus), section 6; United States Trust Company of......
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Maritime liens and the conflict of laws - an exegesis of The Halcyon Isle and preceding Anglo-common law decisions
...as payee, the sum of 20,000 francs in respect of each bill. Soon afterwards, the appellant’s father returned to Scotland where he died.1 [1981] AC 221.2 [1981] AC 221.3 (1837) 7 ER 322Lippmann instituted proceedings on the bills against Don as the representative of his deceased father. The ......
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Maritime liens and the conflict of laws - an exegesis of the Anglo-common law decisions after The Halcyon Isle
...of foreign maritime liens are to be determined according to the lex fori.6 These decisions follow, or are compatible with, the approach 1 [1981] AC 221.2 The lex causae is a convenient shorthand expression denoting the legal regime governing the legal relationship between parties, and is us......
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IN PERSONAM LIABILITY, BENEFICIAL OWNERSHIP AND THE ACTION IN REM
...Phen Sinn”, Civil Appeal No. 21 of 1985, in the matter of Summons-in-Chambers No. 1861 of 1985 in Admiralty In Rem No. 3 of 1985. 113 [1980] 2 M.L.J. 217. The Court of Appeal in “The Andres Bonifacio” referred to a passage in Lord Diplock’s judgment which appears at [1980] 2 M.L.J. 217 at 2......
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