VLASOV v. GELLATLY, HANKEY & CO., LTD.

(1939) 65 Ll L Rep 108

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party-Freight-Cubic feet bale capacity-Charter of vessel for carriage of cargo from Port Sudan to London- Dispute as to freight payable-"Charterers shall pay freight at the following rate, viz., 32s. 6d. per 60 cubic feet bale capacity . . . The above sum is based on a guarantee by the owners that the said steamer can carry not less than a deadweight of [blank] tons of cargo on this present voyage, and be within Lloyd's rules, exclusive of [blank] tons of coal, which steamer may carry for steaming, etc., purposes, and the necessary stores for steamer's use for the voyage, and also that space available for cargo shall be not less than 330,000 cubic feet bale space as per builders' plan. The whole of the steamer's hold, upper and 'tween decks, from stem to stern, full extent of hatchways and other spaces, excepting what is required for the captain and his officers, and such room as shall be actually necessary for the steamer's stores for the voyage, and coals as above mentioned, shall be at the disposal of the freighters, they having the benefit of the side ports, if any. In the event of the steamer not being able to give the full amount of space as stated above, the freight to be reduced proportionately" - Estimate of "space available for cargo" - Voyage via Suez Canal-Spaces excluded by Suez Canal Tonnage Certificate from being cargo carrying spaces - Whether particular voyage to be taken into account in estimating space available.