C took a charter of the Mozart from O, to carry coal from Port Arthur to Rotterdam. A conveyor belt failed in loading causing delay. O claimed demurrage. C had not given notice of the breakdown or claimed a deduction of time. C now appealed against the arbitral award to O.
Held: The stoppage was not the fault of C even though it occurred on its side of the arrangement. The requirement for due notice did refer to a notice under the charterparty, it did not import an element that it was to be relied upon for demurrage. O was well aware of the circumstances, and therefore C was not obliged to inform C.
Judges:
Mustill J
Citations:
[1985] 1 Lloyds Rep 239
Jurisdiction:
England and Wales
Transport
Updated: 18 May 2022; Ref: scu.616912