23 Dec 1994
TILLEMONT SHIPPING CORPORATION S.A. v. REWARD WOOL INDUSTRY CORPORATION and Others
- Citation
- TILLEMONT SHIPPING CORPORATION S.A. v. REWARD WOOL INDUSTRY CORPORATION and Others
- Court
- Court of Appeal
- Case number
- CACV132/1994
The Court allowed the appeal and discharged the Mareva injunction because the plaintiffs failed to show a good arguable case that the owners/managers had been negligent in failing to exercise due diligence to make the vessel seaworthy or to preserve the cargo. Evidence showed the master and third officer were qualified, modern navigational equipment and instructions were provided and local authorities acted to protect the wreck; mere navigational errors by crew do not, without more, prove want of due diligence by the owners and do not justify freezing the owner's assets.