Malaysian International Shipping Corporation v. Empresa Cubana De Fletes The Bunga Kenanga) - Mr. Justice Parker - Q.B. (Com.Ct.) - Sept. 15, 1980

Measure of damages for redelivery in wrong place

The vessel Bunga Kenanga was chartered by the claimant owners to the respondent charterers for a period of 9/12 months on a charter-party on the Baltime 1939 form. By agreement the charter-party provided that redelivery of the vessel had to be at a port in the Far East. The vessel was delivered under the charter-party on Feb. 6, 1975. The charterers tendered redelivery of the vessel at Rotterdam on Jan. 23, 1976 having given notice of their intention to do so on Jan. 10, 1976. The owners accepted redelivery without prejudice to their right to claim damages. The vessel proceeded from Rotterdam on Feb. 4 1976 to Bangkok and completed discharge of cargo at Bangkok on Mar. 20, 1976 (such cargo being cargo loaded by the owners under the Far East Freight Conference Liner Service by way of mitigation). The vessel was then dry docked in Singapore between Mar. 24 1976 and Apr. 15 1976. The owners were awarded Can.$77,956.17 by the umpire by way of damages made up as follows: -