Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd "Bao Yue"

Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd "Bao Yue"

The claimant expressly and impliedly authorised storage of the cargo, including the creation of a warehouse lien, and was not deprived of use and possession; no conversion occurred. The defendant acted reasonably and is entitled to reimbursement for storage charges. The claimant must deliver the bill of lading to enable sale of the cargo.

Parties
Claimant: Sang Stone Hamoon Jonoub Co Ltd; Defendant: Baoyue Shipping Co Ltd
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Commercial / Final Judgment
Outcome
claim dismissed, counterclaim allowed
Legal Topics
Conversion, Bailment, Bill of Lading, Storage Charges, Sub Bailment, Creation of Lien
Tort Shipping Commercial Conversion Bailment Bill of Lading Storage Charges Sub Bailment +1 more

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Parties

Sang Stone Hamoon Jonoub Co Ltd

Claimant

Baoyue Shipping Co Ltd

Defendant

Procedural Posture

Commercial / Final Judgment

Legal Issues

  1. 1 Whether the defendant converted the cargo by creating a warehouse lien without authority
  2. 2 Whether denial of access to the cargo constituted conversion
  3. 3 Liability for storage charges

Ratio Decidendi

The claimant expressly and impliedly authorised storage of the cargo, including the creation of a warehouse lien, and was not deprived of use and possession; no conversion occurred. The defendant acted reasonably and is entitled to reimbursement for storage charges. The claimant must deliver the bill of lading to enable sale of the cargo.

Court Disposition

claim dismissed, counterclaim allowed

Orders

  • Declaration that claimant is liable to reimburse defendant for reasonable storage charges as and when paid to TQST
  • Declaration that the amount of defendant’s reasonable liability to TQST up to 21 July 2015 is US $2,146,763.11