Samsun Logix Corporation v Oceantrade Corporation – QBD (Com Ct) (Gross J) – 18 October 2007
Lien on sub-freights – Freezing injunction against time-charterers – Injunction permitting freight on voyage charter of different vessel to be paid to time-charterers’ solicitors – Voyage charterer paying freight to time-charterers’ solicitors – Owners exercising lien on sub-freights – Whether lien validly exercised – Whether determination by arbitrator that lien validly exercised binding on non-party to arbitration – Priorities of funds in hands of time-charterers’ solicitors
On 8 February 2005 Deval Denizcilik Ve Ticaret AS (“Deval”) chartered their vessel Orhan Deval to Oceantrade Corporation (“OTC”) on an amended NYPE form, clause 18 of which gave the owners a lien on sub-freights. OTC sub-voyage-chartered the vessel to Helm AG (“Helm”).
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Michael Daiches, Barrister
Oct 31 2007

