REARDON SMITH LINE, LTD. v. CENTRAL SOFTWOOD BUYING CORPORATION, LTD.

(1932) 42 Ll.L.Rep. 284

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Slesser.

Charter-party - Discharging expenses (London) - Clause 1: Shipowners to deliver cargo of timber upon being paid freight and charges (if any) under Clause 15, as follows: £6 7s. 6d. if discharged at London only; £6 12s. 6d. if discharged at one port of discharge other than London; and £400 extra if discharged at two discharging ports. . . . "If the consignees select one of the alternatives mentioned in Clause 15, other than discharge on to the quay (which includes rough stacking thereon if and where customary and not usually done by the consignees), any additional expense . . . shall be paid by the consignees to the shipowner, in addition to the amount(s) above-mentioned . . ." - "(15) . . . For any work done by the vessel at the port of discharge beyond delivering cargo at the ship's rail if discharged by hand, or within reach of the ship's tackle or of the shore crane tackle if thereby discharged, the consignees shall pay to the shipowner the cost thereof . . . If the port of discharge is included in the schedule of apportionment last agreed between the Chamber of Shipping of the United Kingdom and the Timber Trade Federation of the United Kingdom the charge for such work shall be as settled by the said schedule of apportionment . . . agreed at the amount stated in Clause 16" - Clause 16 deleted - Timber rough stacked on quay - Whether Clause 1 covered freight only and whether shipowners entitled to additional charge provided in schedule of apportionment-Obscurity-Repugnancy between clauses