3/93

Demurrage - Time lost waiting for berth to discharge overstowed cargo

The vessel was chartered on the Gencon form for the carriage of a part-cargo of bagged fishmeal. The fishmeal was loaded in the bottoms of each of the ship’s five holds. It was then over-stowed by another similar cargo which was carried under an entirely separate charter for different charterers. Both lots had to be discharged at the same berth. On the evidence, the charterers had and would have had no possibility of discharging the cargo at any other berth even if it had not been over-stowed.