The Saint Anna - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Oct. 19, 1979

Charter-party (Time) (Shelltime 3) - Vessel arrested by mortgagees - Charterers claimed a declaration that they were the owners of fuel oil on vessel at time of arrest.

Held , that the fuel oil was the property of the charterers. At delivery of the vessel cl.14 provided that the charterers must “accept and pay for” all bunker oil on board. The obligation to accept the bunkers connoted a pre-existing contract of sale. Under cl.16 charterers were to purchase and pay for all fuel oil and so clearly it was their property subject to any clear and unequivocal agreement to the contrary. Cl.22 reinforced that view by requiring the owners to pay for all other expenses incurred in entering a special port for periodical docking. Cl.14 also provided that at re-delivery of the vessel owners were to pay for bunker oil remaining on board.