MT 'Fotiy Krylov' v Owners of the MT “Ruby Deliverer” (AC181/2006)
MT 'Fotiy Krylov' v Owners of the MT “Ruby Deliverer” (AC181/2006) [2008] ZAWCHC 104 (30 April 2008)
The application for leave to appeal was dismissed because the applicant failed to demonstrate a reasonable prospect that the Supreme Court of Appeal would interpret the relevant English law on maritime liens differently. The Court found that the statutory time bar does not apply to maritime lien claims asserted in rem, but where a contractual provision excludes the owner's liability, no damage lien accrues if the charterers are treated as owners. The Court also held that Tsvaliris, as a subcontractor, was entitled to the protection of the Himalaya clause under the Towcon agreement, as the con…
Source excerpt
- Maritime Lien
- Admiralty Jurisdiction Regulation Act
- Contractual Exclusion Of Liability
- Himalaya Clause
- Action In Rem
- Charter Party Liability