DENE SHIPPING COMPANY, LTD. v. MANN, GEORGE & CO., LTD.

(1948) 82 Ll.L.Rep. 846

KING'S BENCH DIVISION.

Before Lord Goddard (Lord Chief Justice).

Charter-party - Disbursements - Discount-Deduction from freight- "Vessel's ordinary disbursements"- Meaning-Charter of ship for carriage of coal from Cardiff to Buenos Aires, freight to be paid at the rate of "27s. 6d. per ton . . . delivered, or on bill of lading quantity less 2 per cent. at receiver's option" - Further provisions in charter-party: 7. Consignees to effect the discharge of the cargo, vessel paying three shillings per ton of 20 cwt., or 1015 kilos . . . 8. The freight to be paid one third if required by the owners, on signing bills of lading . . . in cash . . . and the remainder on right delivery of the cargo, in sufficient cash for vessel's ordinary disbursements at current exchange, for merchant's bills on London at 90 days' sight, and the balance in cash in London three days after receipt of cabled advice of right delivery of the cargo less 114 per cent. discount.

Cargo loaded-No freight paid on signing bills of lading-No payment made in cash by receivers of cargo or by charterers for vessel's ordinary disbursements - Freight paid in London-Deduction by charterers of 114 per cent. discount calculated on gross freight-Claim by shipowners for additional freight-Whether discount should be calculated after deduction from gross freight of (a) sum payable by vessel to consignees for discharge of cargo; and/or (b) dispatch money payable by ship; and/or (c) agency fee (the ship being consigned to charterers' agent at port of discharge at fee of 50 guineas)-Arbitration-Case stated.