23/84

Vessel deviated after cargo shifted in heavy weather - Whether vessel off-hire - Redelivery in like good order and condition

The vessel was on a laden voyage under time charter, with some cargo on deck, when she encountered heavy weather as a result of which some deck cargo shifted causing damage to hatch tarpaulins and her derrick blocks. To protect all parties’ interests and the safety of the ship and crew, the master put into the nearest port. There was no suggestion that the stowage or securing of the deck cargo was in any way defective. Nor was it alleged that there was any fault on the part of the master and the ship in relation to navigation or in relation to the decision to put in to port.