Freedom General Shipping S.A. v. Tokai Shipping Co. Ltd. (The Khian Zephyr) - Q.B.D. (Com.Ct.) (Robert Goff J.) - 25 June 1981

Charterparty - Charterers treated as carriers under bills of lading - Whether charterers entitled to rely on time bar under Hague Rules

Plaintiffs were owners of the vessel Khian Zephyr. Defendants were time charterers of the vessel under the NYPE form. A cargo was loaded under the charter in Japan but, on discharge in Philadelphia, was found to be damaged. Cargo owners sued both shipowners and charterers within one year of delivery. Shipowners settled the claim and now sought an indemnity/contribution from charterers under the terms of the charterparty.