Cost of additional cleaning of holds - 22/80

The question at issue was who should bear the costs of additional cleaning of an ore carrier for the carriage of sulphur. The charter provided that the vessel’s hold should be clean prior to loading to “sanitary authorities satisfaction”. There was no such authority and it was agreed that it was reasonable to imply an inspection by an independent surveyor. A surveyor appointed by the shippers rejected the vessel. His brief from shippers was that the vessel had to be as clean as for the carriage of grain. Owners contended that such a standard was unnecessary and produced expert evidence to that effect which was not rebutted.