TATEM STEAM NAVIGATION COMPANY, LTD. v. ANGLO-CANADIAN SHIPPING COMPANY, LTD.

(1935) 53 Ll L Rep 161

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party - Discharging expenses - Charterers to "pay cost of stevedoring at ports of . . . discharging"- Steamer to "furnish winches, derricks, gins and falls, and usual gear for working cargo . . ."-"Shore winch-man and tallying at discharging port to be for charterers' account"-Damage to ship's gear owing to heavy weather (an excepted peril) during voyage- Charterers' agents notified by ship's agents that in view of damage sustained it would be necessary to arrange for discharge at crane berth-Contention by charterers that notification constituted instructions on shipowners' behalf and that shipowners were responsible for additional expense due to unusual method of discharge- Arbitration-Award that expenses were the charterers' liability-Case stated- Contention by charterers before his Lordship that shipowners should have repaired gear on arrival to carry out their obligation under the charter-party -Point not taken before umpire.