COALspot.com keeps you connected across the coal world
  • CHINA THERMAL COAL MARKET FACES 2-3 MONTH CORONAVIRUS SHORT SQUEEZE: NOBLE - REUTERS
  • CHINA RESUMES OVER 70 PCT COAL PRODUCTION CAPACITY AMID EPIDEMIC - XINHUA.
  • THE DAILY COAL BURN RATE AT CHINA'S SIX MAJOR COASTAL POWER PLANTS HAS COME IN TODAY AT 421,000 TONS - COMMODORE RESEARCH
  • FEB 2020 INDONESIAN COAL PRICE REFERENCE FOR EXPORTS AND DOMESTIC BUYERS INCLUDING POWER PRODUCERS FIXED AT US$ 66.89 A TON

Submit Your Articles
We welcome article submissions from experts in the areas of coal, mining, shipping, etc.

To Submit your article please click here.

International Energy Events


WTI Crude Oil

BRENT Crude Oil

Search News
Latest CoalNews Headlines
Monday, 10 June 19
CONSECUTIVE OWNERS OF CARGO: WHO HOLDS TITLE AND THE RIGHT TO SUE? - COLIN BIGGERS & PAISLEY
Colin Biggers & PaisleyKNOWLEDGE TO ELEVATE

In Tritton Resources Pty Ltd v Ever Rock Navigation S.A. [2019] FCA 276, the Federal Court considered the application of the time bar under the Amended Hague Visby Rules and the entitlements of the consecutive owners of cargo under a bill of lading to claim against the ship’s owners.
 
On 18 December 2011 the MV Ikan Jahan (ship) ran aground whilst on route from Newcastle, Australia to Tuticorin, India. The sea conditions were described as poor with rain and fog. It grounded on Manuk Island during passage through the Banda Sea, Indonesia. The ship was carrying, amongst other shipments, a cargo of copper concentrate (cargo).
 
The plaintiffs are consecutive owners of the cargo having been subject to successive contracts of sale between them. They allege that the ship’s owners breached the non-delegable duty under Article III rule 1 of the Amended Hague Visby Rules to exercise due diligence to render the ship seaworthy. The plaintiffs seek indemnity for sums paid for their contribution towards the cost of the ship’s salvage and a negative declaration and indemnity for their contribution to general average.
 
In the recent decision of Justice Derrington in Tritton Resources Pty Ltd v Ever Rock Navigation S.A., the Court considered six separate questions posed under rule 30.01 of the Federal Court Rules 2011 (Cth). These questions fall into two broad issues:
 
  1. the application of the time bar under Article III rule 6 of the Amended Hague Visby Rules
  2. the entitlements of the plaintiffs, as consecutive owners of cargo under a bill of lading (BOL), to claim against the ship’s owners
 
Grounding and salvage of the ship, sale and delivery of the cargo and parties involved
Ever Rock Navigation S.A. (Ever Rock) is the defendant and owner of the ship. Ever Rock is the carrier for the purpose of this claim because there was no bareboat charter and the signature provisions of the BOL indicated that it was issued for and on behalf of Ever Rock.
 
After the grounding, Ever Rock engaged Fukada Salvage and Marine Works Co Ltd (Fukada) to salvage the ship and cargo. The ship remained grounded for about four weeks. It proceeded to Singapore for repairs before resuming its voyage. The salvors were entitled to a payment of US$6,850,000 and the cargo interests were responsible for US$4,690,606 of that. US$2,718,675.24 was paid in respect of the copper cargo. Ever Rock declared general average following the grounding and the general average adjusters, Asai & Ichikawa of Japan, adjudged the plaintiffs liable to pay US $719,817.88.
 
At the time of the grounding, Ever Rock was subject to a time charter to PCL (Shipping) Pte Ltd of Singapore (PCL) and a voyage charter from PCL as “disponent owner” to Tritton Resources Pty Ltd (Tritton).
 
Tritton sold the cargo to Freepoint Metals & Concentrates LLC (Freepoint changed its name to Sempra Metals & Concentrates Corp and JP Morgan Metals & Concentrates LLC (referred herein as JP Morgan)). Title and risk of loss or damage was passed from Tritton to JP Morgan when the cargo passed the ship’s rails at the port of loading.
 
JP Morgan received the BOL on or about 17 November 2011, after paying the purchase price to Tritton. JP Morgan held the BOL when the grounding and salvage occurred.
 
JP Morgan sold the cargo to Sterlite Industries (India) Limited (Sterlite). JP Morgan was obliged to purchase insurance for the buyer from the passing of risk at the port of loading although Sterlite was obliged to make any insurance claim. Title was to pass to Sterlite when the first provisional payment was received (upon the ship’s arrival at discharge port upon presentation of shipping documents, which was on 14 February 2012). Risk of loss and damage was to pass when the cargo was on board the ship at the port of loading. As the grounding occurred on route, risk had passed to Sterlite but title had not.
 
JP Morgan endorsed the BOL in blank and provided it to Sterlite on or about 8 February 2012, who became the lawful holder of the BOL (after the grounding and salvage).
 
Sterlite received delivery of the cargo from Ever Rock against presentation of the original BOL. Sterlite surrendered the BOL to the time charterer, PCL, on or about 10 February 2012, who passed it to Ever Rock’s agent, Orient Marine Co Ltd.
 
Are the claims time barred?
The BOL is a contract to which the provisions of the Carriage of Goods by Sea Act 1991 (Cth), the Amended Hague Visby Rules (in Schedule 1A of that Act) and the Sea Carriage Documents Act 1997 (NSW) apply.
 
Article III rule 6 of the Amended Hague Visby Rules imposes a time bar of one year from the delivery of the cargo, or the date when it should have been delivered. The limitation period expired on 18 December 2012.
 
Ever Rock granted a number of extensions to the cargo owners, as negotiated by the plaintiffs’ insurers and the insurers’ lawyers.
 
The Court extensively considered the negotiations between the parties and concluded that the time bar in Article III rule 6 of the Amended Hague Visby Rules did not apply to the plaintiffs because the defendant had granted an extension and the action was commenced within that extended period.
 
Who retains title and the right to sue?
The Court considered the transfer of contractual rights as a result of the various holders of the BOL. The operation of the Sea Carriage Documents Act extinguishes the rights of prior holders of the BOL upon transfer but transfers the rights under the BOL to each consecutive lawful holder. The transferee of a BOL then becomes entitled to recover for any losses sustained by previous holders of the BOL.
 
Tritton had transferred the BOL to JP Morgan before the grounding. Under the purchase contract, title and risk of loss or damage of the cargo was passed from Tritton to JP Morgan when the cargo passed the ship’s rails at the port of loading. For these reasons, Tritton was found to not have any rights against Ever Rock as a result of the grounding, either under the BOL or otherwise.
 
Sterlite became the holder of the BOL and presented it for delivery of the cargo. It is the only party with any rights under the BOL to pursue Ever Rock as ship owner, regardless of when the cause of action arose.
 
JP Morgan was the owner of the cargo and lawful holder of the BOL at the time of the grounding and during the period when the salvors were engaged and performed the salvage. JP Morgan is entitled to pursue a cause of action in tort for any loss or damage done to the cargo whilst it had title to it, including arising from the obligation to pay the portion of salvage charges applicable to the cargo. As the proposed cause of action in negligence was not shown to be without sufficient merit, the Court granted leave to JP Morgan to amend its statement of claim to include it as a cause of action.
 
It follows that Sterlite and JP Morgan are entitled to claim a loss in respect of the salvage agreement with Fukada, whereas Tritton has no entitlements to make such claim.
 
The Court’s determinations on title and the right to sue resolve key issues at an early stage, minimising the time and cost of the legal proceedings and giving the parties certainty to pursue their respective claims. The substantive issues remain open for negotiation or further litigation.
Source: Colin Biggers & Paisley Pty Ltd.


If you believe an article violates your rights or the rights of others, please contact us.

Recent News

Friday, 11 March 16
US WEEKLY COAL PRODUCTION DOWN BY 0.5 MMST
COALspot.com – United States the world’s second largest coal producer has produced approximately totaled an estimated 12.6 million shor ...


Friday, 11 March 16
FORTESCUE'S MOU WITH VALE COULD STRENGTHEN ITS BUSINESS PROFILE - FITCH
COALspot.com: Fitch Ratings says that Australia-based Fortescue Metals Group Limited's (BB+/Negative) memorandum of understanding (MOU) with Br ...


Thursday, 10 March 16
CHINA'S NEW POLICY PLAN COULD BE POSITIVE FOR SHIPPING, BUT TARGETS SEEM RATHER AMBITIOUS - NIKOS ROUSSANOGLOU, HELLENIC SHIPPING NEWS
China set out its new policy plan during the course of the past weekend, but it seems to have set some very ambitious goals, which could be difficu ...


Thursday, 10 March 16
U.S. COAL EXPORTS DECLINED 23% IN 2015, AS COAL IMPORTS REMAINED STEADY
COALspot.com: The United States remains a net exporter of coal, exporting 74.0 million short tons (MMst) and importing 11 MMst in 2015. Accord ...


Thursday, 10 March 16
IT FEELS SAFE TO SAY THAT THE MARKET IS SLOWLY AND PAINFULLY REGAINING ITS BALANCE
With the BDI marking its third consecutive positive weekly closing, it feels safe to say that the market is regaining its balance; slowly and painf ...


   281 282 283 284 285   
Showing 1411 to 1415 news of total 5755
News by Category
Popular News
 
Total Members : 26,761
Member
Panelist
User ID
Password
Remember Me
By logging on you accept our TERMS OF USE.
Free
Register
Forgot Password
 
Our Members Are From ...

  • Kapuas Tunggal Persada - Indonesia
  • Leighton Contractors Pty Ltd - Australia
  • Chamber of Mines of South Africa
  • Jindal Steel & Power Ltd - India
  • Standard Chartered Bank - UAE
  • Holcim Trading Pte Ltd - Singapore
  • The Treasury - Australian Government
  • Aditya Birla Group - India
  • Manunggal Multi Energi - Indonesia
  • Russian Coal LLC
  • Planning Commission, India
  • Goldman Sachs - Singapore
  • Mintek Dendrill Indonesia
  • Renaissance Capital - South Africa
  • ASAPP Information Group - India
  • PNOC Exploration Corporation - Philippines
  • Medco Energi Mining Internasional
  • Sical Logistics Limited - India
  • Bukit Baiduri Energy - Indonesia
  • The State Trading Corporation of India Ltd
  • Infraline Energy - India
  • Electricity Generating Authority of Thailand
  • Mitra SK Pvt Ltd - India
  • OCBC - Singapore
  • Bayan Resources Tbk. - Indonesia
  • Noble Europe Ltd - UK
  • Lanco Infratech Ltd - India
  • Siam City Cement - Thailand
  • PowerSource Philippines DevCo
  • Inco-Indonesia
  • Commonwealth Bank - Australia
  • Bhoruka Overseas - Indonesia
  • Sucofindo - Indonesia
  • Coalindo Energy - Indonesia
  • Vale Mozambique
  • Africa Commodities Group - South Africa
  • Wood Mackenzie - Singapore
  • White Energy Company Limited
  • Vizag Seaport Private Limited - India
  • ACC Limited - India
  • Indo Tambangraya Megah - Indonesia
  • Rashtriya Ispat Nigam Limited - India
  • GVK Power & Infra Limited - India
  • Indian Oil Corporation Limited
  • Berau Coal - Indonesia
  • ING Bank NV - Singapore
  • Kideco Jaya Agung - Indonesia
  • Kohat Cement Company Ltd. - Pakistan
  • Clarksons - UK
  • Ministry of Finance - Indonesia
  • Malco - India
  • Chettinad Cement Corporation Ltd - India
  • SRK Consulting
  • IBC Asia (S) Pte Ltd
  • Bulk Trading Sa - Switzerland
  • Indian School of Mines
  • Mercuria Energy - Indonesia
  • Attock Cement Pakistan Limited
  • ETA - Dubai
  • Timah Investasi Mineral - Indoneisa
  • Asia Cement - Taiwan
  • TNB Fuel Sdn Bhd - Malaysia
  • Coastal Gujarat Power Limited - India
  • Indorama - Singapore
  • Tata Power - India
  • Maheswari Brothers Coal Limited - India
  • CCIC - Indonesia
  • Krishnapatnam Port Company Ltd. - India
  • Banpu Public Company Limited - Thailand
  • Dalmia Cement Bharat India
  • Asmin Koalindo Tuhup - Indonesia
  • Ministry of Mines - Canada
  • BRS Brokers - Singapore
  • Coal and Oil Company - UAE
  • Latin American Coal - Colombia
  • Deutsche Bank - India
  • Glencore India Pvt. Ltd
  • Shenhua Group - China
  • Georgia Ports Authority, United States
  • NTPC Limited - India
  • Cigading International Bulk Terminal - Indonesia
  • Thiess Contractors Indonesia
  • Ince & co LLP
  • India Bulls Power Limited - India
  • Merrill Lynch Bank
  • Australian Commodity Traders Exchange
  • Argus Media - Singapore
  • Riau Bara Harum - Indonesia
  • Binh Thuan Hamico - Vietnam
  • Borneo Indobara - Indonesia
  • Jaiprakash Power Ventures ltd
  • Maharashtra Electricity Regulatory Commission - India
  • MS Steel International - UAE
  • Coal Orbis AG
  • Uttam Galva Steels Limited - India
  • Arch Coal - USA
  • Adaro Indonesia
  • Sakthi Sugars Limited - India
  • Tamil Nadu electricity Board
  • Malabar Cements Ltd - India
  • Minerals Council of Australia
  • Rio Tinto Coal - Australia
  • Grasim Industreis Ltd - India
  • Eastern Coal Council - USA
  • Offshore Bulk Terminal Pte Ltd, Singapore
  • TANGEDCO India
  • KEPCO - South Korea
  • Samsung - South Korea
  • Kumho Petrochemical, South Korea
  • Port Waratah Coal Services - Australia
  • Straits Asia Resources Limited - Singapore
  • TeaM Sual Corporation - Philippines
  • Enel Italy
  • Coeclerici Indonesia
  • Bukit Makmur.PT - Indonesia
  • Bukit Asam (Persero) Tbk - Indonesia
  • Kobe Steel Ltd - Japan
  • Posco Energy - South Korea
  • Sojitz Corporation - Japan
  • Ernst & Young Pvt. Ltd.
  • Edison Trading Spa - Italy
  • New Zealand Coal & Carbon
  • Inspectorate - India
  • Madhucon Powers Ltd - India
  • IMC Shipping - Singapore
  • UOB Asia (HK) Ltd
  • Moodys - Singapore
  • Cemex - Philippines
  • Karbindo Abesyapradhi - Indoneisa
  • Central Java Power - Indonesia
  • TNPL - India
  • Xindia Steels Limited - India
  • Orica Australia Pty. Ltd.
  • Sree Jayajothi Cements Limited - India
  • Mitsubishi Corporation
  • Wilmar Investment Holdings
  • Maersk Broker
  • Central Electricity Authority - India
  • Miang Besar Coal Terminal - Indonesia
  • IEA Clean Coal Centre - UK
  • Mercator Lines Limited - India
  • Neyveli Lignite Corporation Ltd, - India
  • Interocean Group of Companies - India
  • KOWEPO - South Korea
  • Karaikal Port Pvt Ltd - India
  • Bank of China, Malaysia
  • APGENCO India
  • Romanian Commodities Exchange
  • Shree Cement - India
  • Kobexindo Tractors - Indoneisa
  • Kaltim Prima Coal - Indonesia
  • Kalimantan Lumbung Energi - Indonesia
  • Indogreen Group - Indonesia
  • Japan Coal Energy Center
  • PLN Batubara - Indonesia
  • PetroVietnam
  • Core Mineral Indonesia
  • Indika Energy - Indonesia
  • GB Group - China
  • Savvy Resources Ltd - HongKong
  • U S Energy Resources
  • Gujarat Mineral Development Corp Ltd - India
  • Jorong Barutama Greston.PT - Indonesia
  • Maruti Cements - India
  • Indonesian Coal Mining Association
  • Indonesia Power. PT
  • PetroVietnam Power Coal Import and Supply Company
  • Globalindo Alam Lestari - Indonesia
  • HSBC - Hong Kong
  • Pinang Coal Indonesia
  • Dr Ramakrishna Prasad Power Pvt Ltd - India
  • CNBM International Corporation - China
  • Intertek Mineral Services - Indonesia
  • Coal India Limited
  • Xstrata Coal
  • Cargill India Pvt Ltd
  • Total Coal South Africa
  • JPMorgan - India
  • Siam City Cement PLC, Thailand
  • Pendopo Energi Batubara - Indonesia
  • MEC Coal - Indonesia
  • Antam Resourcindo - Indonesia
  • SUEK AG - Indonesia
  • EMO - The Netherlands
  • Price Waterhouse Coopers - Russia
  • Bhatia International Limited - India
  • Tanito Harum - Indonesia
  • EIA - United States
  • GHCL Limited - India
  • Larsen & Toubro Limited - India
  • Merrill Lynch Commodities Europe
  • Gupta Coal India Ltd
  • Sinarmas Energy and Mining - Indonesia
  • Truba Alam Manunggal Engineering.Tbk - Indonesia
  • Oldendorff Carriers - Singapore
  • Bharathi Cement Corporation - India
  • Agrawal Coal Company - India
  • Filglen & Citicon Mining (HK) Ltd - Hong Kong
  • Gujarat Sidhee Cement - India
  • Asian Development Bank
  • McConnell Dowell - Australia
  • Power Finance Corporation Ltd., India
  • International Coal Ventures Pvt Ltd - India
  • Billiton Holdings Pty Ltd - Australia
  • SMG Consultants - Indonesia
  • Deloitte Consulting - India
  • Peabody Energy - USA
  • Metalloyd Limited - United Kingdom
  • Dong Bac Coal Mineral Investment Coporation - Vietnam
  • Meenaskhi Energy Private Limited - India
  • Parliament of New Zealand
  • ICICI Bank Limited - India
  • World Coal - UK
  • DBS Bank - Singapore
  • Arutmin Indonesia
  • Toyota Tsusho Corporation, Japan
  • Thomson Reuters GRC
  • Singapore Mercantile Exchange
  • Marubeni Corporation - India
  • Jatenergy - Australia
  • London Commodity Brokers - England
  • Fearnleys - India
  • VISA Power Limited - India
  • NALCO India
  • Thai Mozambique Logistica
  • Vijayanagar Sugar Pvt Ltd - India
  • Mjunction Services Limited - India
  • Barclays Capital - USA
  • Altura Mining Limited, Indonesia
  • Formosa Plastics Group - Taiwan
  • Ind-Barath Power Infra Limited - India
  • Ministry of Transport, Egypt
  • Bank of Tokyo Mitsubishi UFJ Ltd
  • Cosco
  • Global Coal Blending Company Limited - Australia
  • Vedanta Resources Plc - India
  • Ambuja Cements Ltd - India
  • KPMG - USA
  • BNP Paribas - Singapore
  • Sindya Power Generating Company Private Ltd
  • Petrochimia International Co. Ltd.- Taiwan
  • CoalTek, United States
  • Heidelberg Cement - Germany
  • Bank of America
  • Idemitsu - Japan
  • Barasentosa Lestari - Indonesia
  • Kartika Selabumi Mining - Indonesia
  • LBH Netherlands Bv - Netherlands
  • Samtan Co., Ltd - South Korea
  • Rudhra Energy - India
  • Platou - Singapore
  • Australian Coal Association
  • Mitsui
  • Humpuss - Indonesia
  • McKinsey & Co - India
  • GAC Shipping (India) Pvt Ltd
  • World Bank
  • Thriveni
  • SGS (Thailand) Limited
  • Videocon Industries ltd - India
  • Freeport Indonesia
  • Trasteel International SA, Italy
  • Essar Steel Hazira Ltd - India
  • IHS Mccloskey Coal Group - USA
  • Makarim & Taira - Indonesia
  • CIMB Investment Bank - Malaysia
  • European Bulk Services B.V. - Netherlands
  • Credit Suisse - India
  • Geoservices-GeoAssay Lab
  • SASOL - South Africa
  • Independent Power Producers Association of India
  • Surastha Cement
  • Bahari Cakrawala Sebuku - Indonesia
  • Thailand Anthracite
  • Bhushan Steel Limited - India
  • Tata Chemicals Ltd - India
  • The University of Queensland
  • Energy Link Ltd, New Zealand
  • Carbofer General Trading SA - India
  • KPCL - India
  • Directorate Of Revenue Intelligence - India
  • J M Baxi & Co - India
  • WorleyParsons
  • Runge Indonesia
  • Economic Council, Georgia
  • ANZ Bank - Australia
  • South Luzon Thermal Energy Corporation
  • Adani Power Ltd - India
  • JPower - Japan
  • Bangkok Bank PCL
  • OPG Power Generation Pvt Ltd - India
  • Parry Sugars Refinery, India
  • Star Paper Mills Limited - India
  • Eastern Energy - Thailand
  • Alfred C Toepfer International GmbH - Germany
  • Mechel - Russia
  • Directorate General of MIneral and Coal - Indonesia
  • Gresik Semen - Indonesia
  • CESC Limited - India
  • Panama Canal Authority
  • Coaltrans Conferences
  • IOL Indonesia
  • Vitol - Bahrain
  • Qatrana Cement - Jordan
  • Anglo American - United Kingdom
  • Cement Manufacturers Association - India
  • GMR Energy Limited - India
  • Aboitiz Power Corporation - Philippines
  • Platts
  • Bangladesh Power Developement Board
  • UBS Singapore
  • Permata Bank - Indonesia
  • The India Cements Ltd
  • Ceylon Electricity Board - Sri Lanka
  • PTC India Limited - India
  • globalCOAL - UK
  • bp singapore
  • Simpson Spence & Young - Indonesia
  • Lafarge - France
  • GNFC Limited - India
  • Petrosea - Indonesia
  • PLN - Indonesia
  • Orica Mining Services - Indonesia
  • Salva Resources Pvt Ltd - India
  • Britmindo - Indonesia
  • Reliance Power - India
  • Thermax Limited - India
  • RBS Sempra - UK
  • Gujarat Electricity Regulatory Commission - India
  • Cardiff University - UK
  • Maybank - Singapore