Marc Rich & Co. Ltd. v. Tourloti Compania Naviera S.A. (The Kalliopi A) - Q.B.D. (Com.Ct.) (Evans J.) - 9 February 1987

Delay in discharging caused by berth congestion - Whether charterers liable for damages

The vessel Kalliopi A was chartered for a voyage from Rotterdam carrying a cargo of steel scrap. The destination was “one safe berth Bombay or so near thereto as she may safely get and lie always afloat and there deliver the cargo”. The master tendered notice of readiness to discharge at 14 30 on 30 June 1983. The vessel was then within the port of Bombay and ready to discharge, but owing to non-availability of any discharging berth she was anchored at the pilot station. She moved to the inner anchorage on 6 September and some cargo was discharged there into lighters between 8 and 23 September. She finally berthed on 28 September and resumed discharge alongside on the following day.