Empresa Cubana Importadora de Alimentos v. Iasmos Shipping Co. S.A. (The Good Friend) - Q.B.D. (Com.Ct.) (Staughton J.) - 26 July 1984

Infested cargo prevented from being delivered at the discharge port - No physical damage to cargo - Whether vessel unseaworthy

The vessel loaded a cargo of soyabean meal at Hamilton, Ontario, for carriage to Havana. Before the soyabean meal could be discharged at Havana it was found to be suffering from insect infestation. The Cuban authorities prohibited discharge. Delays occurred. The vessel was arrested by the plaintiff cargo owners. Eventually, security was provided and terms were agreed for the carriage by the vessel of the soyabean meal to a further destination. The soyabean meal itself was not damaged, but because the meal could not be landed in Cuba, the plaintiffs bought a further quantity to fulfil their requirements. The plaintiffs claimed damages against the shipowners for losses incurred in having to purchase substitute soyabean meal.