Elena Shipping Ltd. v. Aidenfield Ltd. (The Elena) - Q.B.D. (Com.Ct.) (Steyn J.) - 13 January 1986

Voyage charter - Whether charterers entitled to set off cross-claim for short delivery against owners’ claim for freight

By a charterparty on the Gencon Form dated 8 July 1985, the plaintiffs, as owners, agreed to let and the defendants, as charterers, agreed to hire the plaintiffs’ vessel Elena for the carriage of a full cargo of livestock from Berbera, Somalia to Jeddah, Saudi Arabia. Lumpsum freight was agreed to be payable free in and out latest on tendering NOR at Jeddah. The charterparty provided for a total floor space of 4757 square metres and further provided: