The court was asked as to the application of Section 25(1) of the Sale of Goods Act 1979 when an unpaid supplier of bunkers to a time charterer claims against the owner of the vessel. Held: The issue was whether as a matter of fact there was a voluntary act by the buyers in possession … Continue reading Angara Maritime Ltd v Oceanconnect UK Ltd and Another: QBD 29 Mar 2010
A hire agreement provided that after the payment of substantial sums over the period of hire, the hirers could exercise an option to purchase the equipment for fifty pounds. They purported to sell the equipment before the end of the lease, but the question arose of whether they could give good title. Held: However likely … Continue reading Close Asset Finance Ltd v Care Graphics Machinery Ltd: QBD 21 Mar 2000
Delivery under section 24 requires a voluntary act by the person in possession because by section 61(1) of the 1979 Act, unless the context or subject matter otherwise requires, `delivery’ means `voluntary transfer from one person to another’. Judges: Clarke J Citations: [1994] 1 WLR 1334, [1993] 2 Lloyds Rep 268, [1994] 1 All ER … Continue reading Forsythe International (UK) Limited v Silver Shipping Co Limited and Others: 1993
The parties, suppliers of goods and charterers, disputed the ownership of bunkers at the point of sale. Held: Lord Diplock said: ‘My Lords I agree with Lord Justice Kerr that cl.3 [which set out that Owners were to pay for bunkers on redelivery] and the latter half of cl.4 [which set out the means of … Continue reading The Span Terza: HL 10 Jan 1984
The court considered the requirements for notice in section 28(1). Neill J said: ‘2. the Court is concerned with actual notice and not with constructive notice.3. In deciding whether a person . . had actual notice: (a) the Court will apply an objective test and look at all the circumstances; (b) if by an objective … Continue reading Feuer Leather Corporation v Frank Jonstone and Sons: 1981
Owners who were claiming under a bailment must accept the terms of a sub-bailment to which it had agreed. This result is both principled and just. A sub-bailee can only be said for these purposes to have voluntarily taken into his possession the goods of another if he has sufficient notice that a person other … Continue reading Owners of Cargo On K H Enterprise v Owners of Pioneer Container: PC 29 Mar 1994
Parties had entered into a bunker supply contract which contained a retention of title clause in favour of the supplier. It purported to allow the buyer to use the goods before title came to be passed. Held: The owner’s appeal failed. It did not fall within the scope of the 1979 Act, and therefore the … Continue reading PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016
