BALKANS AND NEAR EAST SHIPPING AGENCY v. UNITED SHIPPING AGENCIES, LTD.

(1935) 53 Ll L Rep 180

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party-Dead freight-"Charterers have the option of loading full and complete cargo . . . on deadweight basis, in which case charterers shall pay freight at the rate of as above per ton of 2240 lb., calculated on steamer's deadweight cargo capacity, as per builder's plan and displacement scale . . . after allowance has been made for loading in fresh water, for bunker coals for the present voyage, and also for any weight on board the steamer not reckoned in builder's plan"-Liberty to call at any intermediate port or ports for any purpose -"Stevedoring . . . to be done by charterers . . . and paid for by the ship on shipment of cargo at 2s. 6d. per unit on the total quantity of cargo shipped including dead freight . . ." -Deadweight capacity 5324 tons - Freight paid on 4910 tons-Dispute as to allowances in respect of bunker coals, boiler water, rust and dirt, shifting boards, stores and provisions, and fresh water-Whether owners had right to call at intermediate ports for bunker coals, and whether that right was limited to a specific number of ports- Amount due to charterers in respect of stevedoring-Arbitration-Case stated -Right of charterers to raise point not raised at arbitration as to water in ballast tanks.