20 Jul 2012
SVITZER SALVAGE BV V Z ENERGY LIMITED HC WN CIV-2012-485-452
- Citation
- openlaw-74d5c34e_e68a_4a9f_91c1_54da314519d5.pdf
- Court
- High Court
Z Energy's application to be struck out and to remove pleaded paragraphs failed because its legal rights and liabilities could be directly affected by a determination on the Charterparty (third party benefit, Release Agreement, potential conversion), so it must remain joined; Seafuels' strike out and summary judgment applications failed because the duress and Article 7 salvage claims raise contested, intensely factual issues (timing, causation, reasonable alternatives, characterisation of the contract) unsuitable for determination on pleadings or affidavits, therefore both causes of action re…