CML CMI Database: Astimewa Sdn Bhd v Budget Marine Ltd, 5 May 2023

This was a cargo claim brought by the plaintiff against the defendants for breach of a contract of carriage and/or negligence resulting in the loss and/or non-delivery of the plaintiff’s cargo (4,399.97 mt of scrap iron). The first defendant, Budget Marine Ltd, was the owner of the dumb barge, Budget 21, and the tugboat, Budget 11, which were managed and operated by the third defendant, NCT Forwarding & Shipping Sdn Bhd, under a bareboat charter. The second defendant, Budget Marine Sdn Bhd, was the former owner of the vessels and named as the carrier in the relevant bills of lading. The plaintiff’s scrap metal was loaded onto the barge under tow at Sandakan and Kota Kinabalu for carriage to Butterworth, Penang. However, the cargo was lost en route.

https://cmlcmidatabase.org/astimewa-sdn-bhd-v-budget-marine-ltd

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The CML CMI database of Judicial Decisions on International Conventions aims to make these decisions more accessible to the worldwide maritime community, in the hope that this will foster comparative research and uniformity of interpretation of international maritime law. This project, which is undertaken and hosted by the Centre for Maritime Law of the National University of Singapore in collaboration with the Comité Maritime International, builds on the foundation laid by Francesco Berlingieri in his earlier CMI database of jurisprudence on maritime conventions. 

Visit the database at: https://cmlcmidatabase.org/astimewa-sdn-bhd-v-budget-marine-ltd