Sonmez Denizcilik Ve Ticaret Anonim Sirketi v. The M.V. Blooming Orchard (The Blooming Orchard) - supreme Ct. of N.S.R. (Adm.Div.) (Carruthers J.) - 20 December 1990

Application for stay of action in rem pursuant to arbitration clause in voyage charterparty - Whether arbitration clause null and void under section 9 of Sea-Carriage of Goods Act 1924 - Whether Court should exercise its discretion to order a stay

By a voyage charter on the Americanized Welsh Coal Form dated 20 September 1990 the plaintiff, a Turkish corporation, chartered the vessel Blooming Orchard for a voyage between Port Kembla, there to load between 103,500 M.T. and 126,500 M.T. of coal, and Iskenderun, Turkey. The vessel was detained at Port Kembla by the Australian Department of Transport as an unseaworthy vessel and was subsequently arrested by the plaintiff, which brought an action in rem for damages for breach of the charterparty (a substitute vessel having been chartered but which was unable to lift the full quantity of coal and which charged a higher rate of freight).