KAWASAKI KISEN KABUSHIKI KAISYA v. BANTHAM STEAMSHIP COMPANY LTD.

(1938) 61 Ll.L.Rep. 331

COURT OF APPEAL.

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

Charter-party - Withdrawal of vessel by owners from charterers' service-Contention that tender of hire was made out of time-Charter of vessel from time of delivery for 12 calendar months at 3s. 9d. per ton on deadweight "as ascertained on delivery from builders' yard", hire commencing from day of delivery-"5. Payment of said hire to be made in London in cash monthly, in advance, and for the last month or part of same the approximate amount of hire, and should same not cover the actual time, hire is to be paid for the balance day by day, as it becomes due, if so required by owners . . . otherwise failing the punctual and regular payment of the hire . . the owners shall be at liberty to withdraw the vessel from the service of the charterers . . . Delivery to count from 7 a.m. on the working day following that on which written notice has been given before 4 p.m., but if required by charterers, loading to commence at once, such time used to count as hire" - Delivery of vessel on Apr. 13, 1937, loading being commenced on same day-No notice of readiness given until Apr. 15-Tender of hire on Apr. 15 - Refused by owners, who claimed to withdraw vessel from service - Charterers not informed by

owners of vessel's actual deadweight- Award in favour of charterers that owners were not entitled to withdraw vessel.