Asty Maritime Co. Ltd. and Panagiotis Stravelakis v. Rocco Guiseppe & Figli and Ors (The Astyanax) - Q.B.D. (Com.Ct.) (Leggatt J.) - 11 May 1984

Charterparty fixture - Whether validly concluded - Identification of parties claimed to be in doubt

The first plaintiffs, a Cyprus-registered corporation, were the owners of the vessel Astyanax . The second plaintiff, Mr. Panagiotis Stravelakis, was an employee of the first plaintiffs and a Greek citizen. The defendants were an Italian trading entity. The first plaintiffs claimed that they had entered into a valid voyage charter with the defendants for the carriage of a cargo of wheat from Argentina to West Italy. The charterparty was in the Centrocon form. The fixture had apparently been concluded in the belief of both parties’ brokers. Almost immediately afterwards, the defendants determined that they were not bound by it. The defendants contended that they were not bound by the fixture which was purportedly entered into on their behalf. The first plaintiffs sought a declaration that there was a valid contract between themselves and the defendants.