10 Jan 1986
TRANSATLANTIC SCHIFFAHRTSKONTOR GMBH v. VINCOR SHIPPING CO. LTD.
- Citation
- TRANSATLANTIC SCHIFFAHRTSKONTOR GMBH v. VINCOR SHIPPING CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCL103/1985
The court found the defendant had a reasonably arguable case that Clause 18 did not by clear words exclude the common law/equitable right of set-off and that despatch claims were liquidated and therefore capable of set-off against freight; accordingly summary judgment could not be granted and the action was stayed in favour of arbitration under the charterparty and s.6A Cap.341.