Arbitral Digest

Matter

Itiro Corporation BVI v The Owner and/or Demised Charterers of the Ship or Vessel Angelic Glory (Court of Appeal of the High Court of Hong Kong CACV 294/2021)

  1. 13 April 2021Hong Kong

    13 April 2021Hong Kong

    Decision of the High Court of Hong Kong in the case HCAJ No 90 of 2020 dated 13 April 2021

    High Court of Hong Kong

    Decision summary
    The High Court allowed the claims in the statement of claim except the claim for US$234,955 representing the difference in hire rates and the claim for £32,256 in recoverable arbitration costs, holding that those two claims were not well founded.

    Supporting details

    3 participants
    Itiro Corporation BVI
    The Owner and/or Demised Charterers of the Ship or Vessel Angelic Glory
    High Court of Hong Kong

    7 months and 27 days later · 241 days

  2. 10 December 2021Hong Kong

    10 December 2021Hong Kong

    Reasons for Judgment of the Court of Appeal of the High Court of Hong Kong in the case CACV 294/2021 dated 10 December 2021

    Court of Appeal of the High Court of Hong Kong

    Citation
    [2021] HKCA 1865
    Decision summary
    The Court of Appeal allowed Itiro Corporation BVI's appeal on the claims concerning the Angelic Glory charterparty. It ordered payment of US$234,955 with interest, declared that the charterparty be rectified to permit sugar as cargo, and adjourned the claim for £32,256 in arbitration costs because no arbitration costs award had been made. It also ordered the defendants to pay the appeal costs, summarily assessed at HK$138,425.

    Supporting details

    14 authorities · 7 participants
    Itiro Corporation BVI
    Representative
    Lavesh Kirpalani (For: Itiro Corporation BVI)
    Representative
    Tsui & Co (For: Itiro Corporation BVI)
    The Owner and/or Demised Charterers of the Ship or Vessel Angelic Glory
    Court of Appeal of the High Court of Hong Kong
    Other

    Authorities cited

    14
    • Rules of the High Court of Hong Kong
      statute
    • English Civil Procedure Rules (Civil Procedure Rules, rule 61.9(3)(a)(iii))
      statute
    • Hong Kong Civil Procedure 2021, vol 1, paragraph 75/21/5
      academic
    • Oxford Concise Dictionary
      academic
    • Roscoe's Admiralty Jurisdiction and Practice, 5th ed, p 286
      academic
    • The Carmania II [1963] 2 Lloyd's Rep 152
      case-law
    • The Kuzma Minin [2020] 2 Lloyd's Rep 617
      case-law
    • The Fordeco Nos 12 and 17 [2000] 1 MLJ 449
      case-law
    • Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd [2015] EWHC 718 (Comm)
      case-law
    • The Sfactoria (1876) 2 PD 3
      case-law
    • The Gertrud (1927) 29 Lloyd's Law List Reports 170
      case-law
    • Chen Qingqiang v Chan Yat Hong [2017] 3 HKLRD 285
      case-law
    • The Apellis [2017] HKCFI 1785
      case-law
    • The Iran Nabuvat, 11 January 1991, 1991 WL 11779940
      case-law

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Itiro Corporation BVI v The Owner and/or Demised Charterers of the Ship or Vessel Angelic Glory (Court of Appeal of the High Court of Hong Kong CACV 294/2021) · Matter