Merit Shipping Co Inc v T K Boesen A/S (The 'Goodpal') - QBD (Com Ct)(Colman J) - 27 January 2000

Time-chartered vessel sub-let for time-chartered trip - Sub-charterers instructing vessel to discharge specified quantity of cargo at first discharge port and to discharge balance at second discharge port - Cargo receivers at first discharge port requesting vessel to discharge a greater quantity than that instructed by sub-charterers - Vessel acceding to receivers' request resulting in cargo shortfall at second discharge port - Vessel arrested at second port by consignees - Owners claiming full recovery from charterers under NYPE Interclub Agreement on basis that shortfall was due to the act neglect or default on the part of charterers' servants or agents - Whether cargo receivers were the servants or agents of the charterers

The vessel Goodpal was chartered on the NYPE form. The time charterers sub-chartered the vessel for a time charter trip from South America to China on similar terms to those of the head charter. Clause 8 of the head charter provided: