COALspot.com keeps you connected across the coal world
  • OCT 2019 INDONESIAN COAL PRICE REFERENCE FOR EXPORTS AND DOMESTIC BUYERS INCLUDING POWER PRODUCERS FIXED AT US$ 64.80 A TON
  • SHARE YOUR CORPORATE COAL & SHIPPING NEWS WITH US - NEWS@COALSPOT.COM
  • WE WELCOME ARTICLE SUBMISSIONS FROM EXPERTS IN THE AREAS OF COAL, MINING, SHIPPING, ETC.

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, 18 October 19
SINGAPORE'S APEX TO LAUNCH LOW-SULFUR FUEL OIL CONTRACT AHEAD OF NEW SHIPPING RULES - REUTERS
Singapore-based Asia Pacific Exchange (APEX) will launch a low-sulfur fuel oil (LSFO) futures contract on Friday aimed at helping shipping and ener ...


Thursday, 17 October 19
INDIA READIES POLICY TO ATTRACT FOREIGN INVESTMENT IN COAL MINING - REUTERS
India expects to have formulated a policy within the next two weeks to attract foreign investment to its coal mining industry, the country’s ...


Wednesday, 16 October 19
INDIA CALLS FOR A RESET OF CLIMATE DEBATE ON COAL AS A FUEL - LIVEMINT
India on Tuesday called for a reset on climate debate on coal as a fuel, in the backdrop of India becoming one of the top renewable energy producer ...


Wednesday, 16 October 19
LESSONS LEARNT FROM CREW INJURED IN HEAVY WEATHER - UK P&I CLUB COMMENTS
KNOWLEDGE TO ELEVATE Stuart Edmonston, Loss Prevention at UK P&I Club, discusses an incident in which crew were injured whilst on deck in ...


Wednesday, 16 October 19
SHIPPING MARKET INSIGHT - INTERMODAL
In perhaps the most interesting market conditions of the past years, the tanker and the dry bulk industry have created a positive sentiment with re ...


   1 2 3 4 5   
Showing 11 to 15 news of total 5570
News by Category
Popular News
 
Total Members : 26,557
Member
Panelist
User ID
Password
Remember Me
By logging on you accept our TERMS OF USE.
Free
Register
Forgot Password
 
Our Members Are From ...

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