Hanjin Shipping Co Ltd v R J International Inc (The “Elevit”) - Before Manfred W Arnold, A J Siciliano and Michael A van Gelder, Chairman - 8 January 1994

Charterers unable to provide cargo for vessel at loading port before expiry of allowed laytime - Whether owners entitled to withdraw vessel

The vessel Elevit was chartered on the Gencon form. The charterparty called for the charterers to supply a full cargo of 16,600 metric tons (5% more or less in owner’s option) of pre-slung bagged sugar at one safe berth Iloilo, Philippines destined to one safe berth Djibouti, Ethiopia, with laydays of 21-26 September 1992. The Elevit arrived at the Iloilo pilot station on 22 September at 12.30 hours and tendered notice of readiness. The vessel remained at anchorage awaiting orders until 15 October when, no cargo having been made available, the owners despatched her to Kwangyang, Korea, to perform a voyage fixed in mitigation.