19 Oct 2015
ARKO SHIP LEASING LTD (formerly known as ARKO SATELLITE LTD) AND ANOTHER v. WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER
- Citation
- ARKO SHIP LEASING LTD (formerly known as ARKO SATELLITE LTD) AND ANOTHER v. WINSMART INTERNATIONAL SHIPPING LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAJ213/2009
Court found the 1st Plaintiff was the undisclosed principal of the 2nd Plaintiff for these dealings but there was no clear trade practice requiring declaration of container tare weight, no implied contractual term obliging Winsmart to supply gross container weight, and no proven misrepresentation by Winsmart or Sinokor; the vessel sank due to overloading (gross container weight exceeded the prudent 80% DWT guideline) and master error; accordingly Plaintiffs' claims failed and Defendants' counterclaims succeeded against the 1st Plaintiff.