Heftza Claim (Haifa) 16356-06-21 Y.K. Diamond Import and Trade Ltd. v. The Ship M/T Ramelia

1. The plaintiff, Y.K. Diamond Import and Trade Ltd.  is an Israeli company that is engaged in importing oils to Israel, among other things.  In 2021, the plaintiff purchased a cargo of base oils from a supplier in Canada.  The cargo of oil was transported to Israel by ship Ramelia owned or leased by defendant 2.  When the cargo arrived in Israel, and before it was unloaded, it became clear that the cargo was contaminated with various particles and the unloading was stopped and delayed for several weeks.  At the end of the day, the oil charge was unloaded through filters and separated from the contaminants.
2. In her lawsuit in this case, the plaintiff claims that due to the contamination discovered in the oil, she was forced to sell it at a reduced price. Therefore, it petitions to obligate the ship and its owner to compensate it for the losses incurred 35.

Background

3. The plaintiff, Y.K. Diamond Import and Trade Ltd.  is an Israeli company that imports various types of oils into Israel.  In April 2021, the plaintiff purchased from the supplier Trading Pinnacle Oil From Canada, a cargo of 5,211,981 m/ton of base oils PL50 andSCP40 (Hereinafter: The oils or the charger).  In exchange for the oils, the plaintiff undertook to pay the supplier the sum of $4,899,261 (see the supplier's invoices attached as Appendix 1.1 to Mr. Kfir Zatlawi's affidavit).  This is a cargo manufactured by a Canadian company called Petro Canada It is intended to be used as a lubricating oil for various products.
4. For the purpose of transporting the cargo to Israel, the supplier contracted with defendant 2, the Rederi AB, in an agreement for the lease of a voyage on a ship Ramelia (Hereinafter: The Ship) (The lease agreement was attached as Appendix 1.3 to the affidavit of K. Zatlawi).  The cargo of oils was loaded onto the ship at the port of Mississauga, Canada, on April 24, 2021.  Upon loading the cargo, the ship provided the supplier with bills of lading in which the plaintiff was stated as intended to -Notify     (The bills of lading were attached as Appendix 1.3 to Zatlawi's affidavit).
5. Before loading the oil cargo onto the ship, it was tested by a laboratory hired by the supplier in Canada called Intertek Caleb Brett (Hereinafter: Caleb Barrett) (Appendix 1.7 to the affidavit of K. Zatlawi).  Caleb Barrett conducted a laboratory test and visual examination of the cargo and found no contamination in it.  Caleb Barrett also checked the quantities of oil loaded on the ship and even checked the ship's warehouses before the cargo was loaded (see Appendix 1.7 to Zatlawi's affidavit).
6. It should be noted that the bills of lading issued by the ship did not mention any defect in the cargo, meaning that they were "clean" bills of lading. Moreover, the bills of lading stated:

SHIPPED at the port of loading in apparent good order and condition on board the vessel for carriage to the port of discharge […].

7. On May 25, 2021, the ship arrived at the port of Ashdod, and on June 2, 2021, it tied to the dock and began unloading the cargo. The cargo of oil was unloaded into truck-tankers standing on the dock.  As part of the unloading routine, the appraisers who were invited by the plaintiff, the appraiser Moti Tal of the company Romatal Engineering Company inTax Appeal and an appraiser from the company Jesko (Gesco).  The appraisers took samples of the oils.  During unloading For the tankers, the appraisers noticed that there were small and unidentified particles in the oil, and therefore they took additional samples (see the appraiser's report M.  Tal, Appendix 1.4 to the plaintiff's affidavit).  The appraiser's opinion from the Jesco company (whose name was not specified) indicates that he was called to the site after the particles in the oil were discovered.  When he arrived at the scene, he also noticed particles.  The appraiser also took a sample from another oil tank and particles were also found in it.
8. Following these findings, it was decided to stop unloading the oil cargo. Until the decision to stop the discharge, about 120,000 liters were discharged (plaintiff's affidavit, paragraph 13) (these oils will be referred to hereinafter: The Contaminated Oil Cargo).  It should be noted that following these events, appraisers from Nestor Marine Sorbay Ltd., who were hired by the ship and its owners, were also called to the site.  According to the opinion of the appraiser Seidenberg of Nestor, who took additional samples from the cargo, he also noticed small, unidentified particles in the oil (see his opinion of June 4, 2021, paragraphs 6, 7).

The Ottoman Settlement [Old Version] 1916