26 October 2006 MV “Cita” v Time Charter of MV “Cita” BGH I ZR 20/04
PRACTICE & PROCEDURE: appeal to German Supreme Court (Bundesgerichtshof - BGH) – stranding of Antigua registered ship - loss of ship off Scilly Isles - watch keeper asleep on watch - watch-alarm switched off - application for declaration that claim for DM 1 million was valid - meaning of ‘error in navigation and management’ for the exclusion of liability under the German Commercial code Handelsgesetzbuch (HGB) – whether the ship was unseaworthy due to improper manning - whether time charterer had obligation to cargo interests.
Malaysia
27 June 2005 Pemilil Kapal “Luna Indah” v Admiral Shipping Sdn Bhd [2006] 6 AMR 750
PRACTICE AND PROCEDURE – appeal relating to amount of bail for release of a vessel – arrest relating to in rem action – whether appeal competent – Whether bail amount can exceed value of vessel - principle for fixing bail for release of a vessel.
