Andromeda Marine SA v OW Bunker & Trading A/S, Court of Appeal - Commercial Court, April 11, 2006, [2006] EWHC 777 (Comm)

Reporting Judge: [2006] EWHC 777 (Comm)

President: Andromeda Marine SA v OW Bunker & Trading A/S

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Extract

Andromeda Marine SA v OW Bunker & Trading A/S, Court of Appeal - Commercial Court, April 11, 2006, [2006] EWHC 777 (Comm)

Neutral Citation Number: [2006] EWHC 777 (Comm)

Case No: 2006/9

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

COMMERCIAL COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 11/04/2006

Before :

THE HON MR JUSTICE MORISON

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Between :

| |ANDROMEDA MARINE SA |Claimant |

| |- and - | |

| |O W BUNKER & TRADING A/S |Defendant |

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Ms Karen Troy-Davies (instructed by Brookes & Co) for the Claimant

Mr Guy Blackwood (instructed by Barlow Lyde & Gilbert) for the Defendant

Hearing dates: Friday 31 March and Thursday 6 April 2006

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Judgment

The Hon. Mr Justice Morison :

Background

1. This is an application by the Defendants challenging the jurisdiction of this Court.

2. I will call the parties Andromeda [the Claimants], a Panamanian company, and OW Bunker [the Defendants], a Danish Company. Andromeda own a vessel, the MV Mana, registered in Panama. It was time chartered to an American Company, Sea Bridge. In the charterparty, the charterers agreed not to allow a lien or encumbrance over the vessel and undertook that during the charter period “they will not procure any supplies or necessaries or services, including any port expenses and bunkers, on the credit of the Owners or in the Owners’ time.”

3. In April 2005 Sea Bri...

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