Furness Withy (Australia) Pty Ltd v Black Sea Shipping Co (The “Roman Karmen”) - QBD (Com Ct) (Mance J) - 17 February 1994

Shipowners refuse to load cargo which would breach classification society’s rule relating to “super-stability” - No suggestion that breach of rule would in fact have made vessel unsafe or unseaworthy - Whether owners in breach of charter

The vessel Roman Karmen was chartered under the NYPE form as amended. The charterparty stated that the vessel was “classed L3 Class Russian Register … and about 39369 metric tons deadweight capacity (cargo and bunkers, including fresh water and stores on a draft of 11.80 metres on summer freeboard, inclusive of permanent bunkers …”. Clause 7 provided: