Trafigura Beheer BV v Golden Stavraetos Maritime Inc - QBD (Com Ct)(Morison J) - 12 June 2002

Hague Visby Rules - Whether claim time-barred under Article III Rule 6

This vessel was chartered under a voyage charter dated 16 December 1999 to which the Hague Visby Rules applied. She loaded a cargo of Jet A1 fuel oil in Saudi Arabia for delivery at Mombassa. Shortly after sailing, the parties varied the destination to Lagos, Nigeria. The vessel arrived off Lagos on 2 February 2000 when notice of readiness was tendered. The intended purchaser refused delivery because it was discovered that the cargo was off specification. Thereafter, the vessel was ordered by the charterers to proceed to Abidjan where she arrived on 13 February. On 7 March 2000 the charterers indicated that they wanted to sell the cargo in order to mitigate their loss, and the parties entered into an agreement for the vessel to proceed from Abidjan to a port in Greece at a new freight rate and with a new period of laytime. The charterers gave instructions to the vessel to sail from Abidjan on 11 March 2000 and proceed towards Gibraltar for orders.