Santa Martha Bay Scheepvaart & Handelsmaatschappij NV v. Scanbult A/S - Q.B.D. (Com.Ct.) (Mustill J.) - 18 May 1981

Repudiatory breach of time charter - Vessel not redelivered to contractual range - Measure of damages - Off-hire clause - Whether excessive fouling of hull by marine growth within terms of clause

The respondents time-chartered a vessel from the claimant owners. Redelivery on completion of hire was to be at a safe port in South Japan not north of Tokyo Bay/Singapore range excluding North and South Vietnam, Cambodia and North Korea. During the course of the charter considerable fouling of the hull had occurred while the vessel was at Lorenc�o Marques. This affected her speed and resulted in a loss of operating time due the necessity for hull cleaning.