American Overseas Marine Corp v Golar Commodities Ltd

American Overseas Marine Corp v Golar Commodities Ltd

AOM failed to prove that Golar shipped cargo injurious to the vessel or that the alleged contamination caused recoverable loss; most claimed expenses were not justified or causally linked to breach.

Parties
Claimant: American Overseas Marine Corporation; Defendant: Golar Commodities Limited
Jurisdiction
England and Wales
Judgment Date
07 May 2014
Procedural Posture
Commercial / Final Judgment
Outcome
Claim dismissed; counterclaim allowed
Legal Topics
Charterparty, Injurious Cargoes, Damages, Indemnity
Maritime Law Contract Law Charterparty Injurious Cargoes Damages Indemnity

Case Brief

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Parties

American Overseas Marine Corporation

Claimant

Golar Commodities Limited

Defendant

Procedural Posture

Commercial / Final Judgment

Legal Issues

  1. 1 Whether Golar shipped cargo injurious to the vessel under clause 30 of the charterparty
  2. 2 Whether AOM is entitled to damages or indemnity for alleged contamination and repairs
  3. 3 Whether the expenses incurred by AOM are recoverable

Ratio Decidendi

AOM failed to prove that Golar shipped cargo injurious to the vessel or that the alleged contamination caused recoverable loss; most claimed expenses were not justified or causally linked to breach.

Court Disposition

Claim dismissed; counterclaim allowed

Orders

  • AOM's claim dismissed
  • Golar entitled to judgment on counterclaim