Castleton Commodities Shipping Co Pte Ltd v Silver Rock Investments

Castleton Commodities Shipping Co Pte Ltd v Silver Rock Investments

CCS is entitled to the proceeds of sale as judgment creditor against Silver Rock and Grupo Minero, and alternatively as holder of lien rights under the charterparty and bill of lading, with no effective opposition from other parties.

Parties
Claimant/respondent: Castleton Commodities Shipping Company Pte Limited; Defendant/appellant: Silver Rock Investments; Third Party: Grupo Minero; Third Party: Max Coal; Third Party: Clipper Bunker; Third Party: Carrier (unnamed ship owner)
Jurisdiction
England and Wales
Judgment Date
30 June 2015
Procedural Posture
Arbitration Claim / Application for Withdrawal of Proceeds of Sale
Outcome
application granted
Legal Topics
Judgment Creditor Rights, Lien on Cargo, Proceeds of Sale, Charterparty, Bill of Lading
Commercial Law Shipping Law Arbitration Judgment Creditor Rights Lien on Cargo Proceeds of Sale Charterparty Bill of Lading

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Parties

Castleton Commodities Shipping Company Pte Limited

Claimant/respondent

Silver Rock Investments

Defendant/appellant

Grupo Minero

Third Party

Max Coal

Third Party

Clipper Bunker

Third Party

Carrier (unnamed ship owner)

Third Party

Procedural Posture

Arbitration Claim / Application for Withdrawal of Proceeds of Sale

Legal Issues

  1. 1 Entitlement to proceeds of sale of cargo
  2. 2 Jurisdiction to pay out proceeds to judgment creditor
  3. 3 Effect of lien under charterparty and bill of lading

Ratio Decidendi

CCS is entitled to the proceeds of sale as judgment creditor against Silver Rock and Grupo Minero, and alternatively as holder of lien rights under the charterparty and bill of lading, with no effective opposition from other parties.

Court Disposition

application granted

Orders

  • CCS is entitled to the proceeds of sale held by Holman Fenwick Willan LLP
  • CCS may claim a little over £100,000 by way of costs incurred in relation to obtaining and complying with the Order for Sale