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Brother Unity Maritime SA v Dongkuk Steel Mill Co Ltd – US District Court (SDNY) (Robert J Patterson Jr DJ) – 6 February 2009

Admiralty jurisdiction – Attachment – Lien on subfreights and sub-hires – Shipowners alleging time-charterers failed to pay hire – Shipowners seeking attachment of cargo owners’ assets pursuant to lien clause – Whether shipowners entitled to attachment

(2009) 778 LMLN 4

The plaintiff shipowners, a Marshall Islands corporation, entered into a time charter trip with Daewoo Logistics Corp (“Daewoo”) for the carriage of steel slabs from Teesport, United Kingdom, to South Korea. Clause 18 of the charter conferred a lien in favour of the plaintiffs “upon all cargoes, all sub-freights and sub-hires for any amount due” from Daewoo to the plaintiffs under the charter.

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Sep 15 2009

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