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

Recently added to the CML CMI database – Astimewa Sdn Bhd v Budget Marine Ltd, HC Sabah & Sarawak, 5 May 2023: carriage of goods by sea, carrier liability, passage planning, limitation

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

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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.

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