Paxicon Inc v Perdue Farms Inc (The ‘Tai Ning’) - Before David J Sharpe, Donald Zubrod and Jack Berg (Chair) - 22 October 1999

Charterparty - Gencon form - Vessel delayed at discharge port as a result of alleged fault of stevedores - Charterparty containing FIOST clause - Whether owners or charterers responsible for delay

The vessel Tai Ning was chartered by the claimant disponent owners (‘the owners’) to the respondent charterers on the Gencon form for the carriage of a part cargo of 1,785 metric tons of frozen chicken parts from Morehead City, North Carolina to Dalian, China. The vessel was delayed at the discharge port as a result of the separation, misdelivery and/or misallocation of cartons. The owners claimed demurrage, additional fuel, extra port costs and miscellaneous expenses related to the events at Dalian, allegedly caused by the charterers’/stevedores’ failure to properly sort, discharge and allocate the appropriate cartons to each of the receivers.