Metals and Ores PTE Ltd. & Anor. v. Compania De Vapores Stchr S.A. The Tolmidis) - Q.B.D. (Com.Ct.) (Neill J.) - 17 February 1983

Flooding of engine room - Unseaworthiness by want of due diligence - Act, neglect or default of crew

The plaintiffs were owners of a cargo of manganese ore which was to be shipped on the defendant’s vessel Tolmidis from Baltimore to the Far East. The bills of lading were subject to the U.S. Carriage of Goods by Sea Act 1936. In January 1978 the vessel left Baltimore but, while in rough seas in the Chesapeake Bay, water entered the engine room through a hole in the cooling system. The Tolmidis was eventually towed to Norfolk, Virginia where on 9 February 1978 after sufficient water had been pumped out, the engine room was inspected. As a result the defendants gave notice of the abandonment of the voyage alleging that the vessel was a commercial total loss and the contract of carriage was frustrated. The manganese ore was not removed until August 1978. It was subsequently transported to the Far East in another vessel.