HAIN STEAMSHIP COMPANY, LTD. v. MINISTER OF FOOD.
(1947) 81 Ll.L.Rep. 458
KING'S BENCH DIVISION.
Before Mr. Justice Sellers.
Charter-party - Freight - Demurrage - "Centrocon" Charter-party-Ship to load wheat and/or maize and/or rye-Ship fully loaded at Buenos Aires partly with specified cargo and partly with optional cargo, but short of her deadweight capacity for wheat in bags-Cargo discharged at Liverpool and Avonmouth-Cargo not weighed on discharge at Avonmouth-Provisions in charter:
6. Charterers have the option of shipping other lawful merchandise, cotton, sugar, quebracho wood, quebracho extract and distillery residue excluded, in which case freight to be paid on steamer's deadweight capacity for wheat in bags on this voyage at the rate above agreed on for heavy grain, but steamer not to earn more freight than she would if loaded with a full cargo of wheat in bags. This option can only be used if the quantity of other lawful merchandise as above shall amount to not less than 200 tons. All extra expenses in loading and discharging such merchandise over heavy grain to be paid by charterers . . .
13. The steamer shall be loaded at the rate of 500 tons per running day . . . otherwise demurrage shall be paid by the charterers as per clause No. 48 . . .
25. At destination cargo to be received at the average rate of not less than 1000 tons per weather working day . . . for bulk cargo, and at the average rate of not less than 750 tons per weather working day . . . for bagged cargo . . . demurrage, if incurred, to be paid by consignees at the rates stipulated in Clause 48.
48. Demurrage in loading and/or discharging to be at the rate of eightpence per gross registered ton per day, or pro rata for part of a day.
-(1) Computation of freight- Whether, as shipowners contended, freight was to be calculated by applying the rate for heavy grain to the ship's deadweight capacity for wheat in bags, less an allowance for shrinkage; or whether, as
Hain Steamship Company, Ltd. v. Minister of Food.
K.B.
459
charterer contended, freight was to be calculated at the agreed rate for heavy grain upon the cargo actually delivered, plus dead freight upon the excess of the deadweight capacity for wheat in bags over the weight of cargo actually shipped, but less discharging expenses saved by reason of such excess not having been shipped.
-(2) Computation of demurrage- Whether, as shipowners contended, the lay days should be calculated upon the actual quantities loaded and discharged; or whether, as charterer contended, the lay days should be calculated at the loading port upon the deadweight capacity of the ship for wheat in bags, and, at the discharging ports, upon the aggregate of the outturn weight at Liverpool, the bill of lading weights at Avonmouth (with no allowance for shrinkage), and the weight upon which dead freight was payable.
-Award in shipowners' favour - Case stated.