11 Apr 2008
NORTHROP GRUMMAN SHIP SYSTEMS, INC. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "ASIAN ATLAS" (LR NO. 7388712)
- Citation
- NORTHROP GRUMMAN SHIP SYSTEMS, INC. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "ASIAN ATLAS" (LR NO. 7388712)
- Court
- Court of Appeal
- Case number
- CACV257/2007
The Court held the Indemnity Claim did not give rise to admiralty in rem jurisdiction under s12A(2)(e) because the loss underlying the indemnity derived from damage to the ship itself and/or the negligence of pilots and the ship was not the actual instrument of that damage; consequential indemnity requires antecedent damage done by the ship as instrument. Separately, there was material non-disclosure and inadequate quantification of the Damage Claim (including undisclosed fact that the launchway had been unused for 36 years), so the admiralty jurisdiction should not have been exercised; the W…