NOEMIJULIA STEAMSHIP COMPANY, LTD. v. MINISTER OF FOOD.

(1950) 84 Ll.L.Rep. 354

COURT OF APPEAL.

Before Lord Justice Tucker, Lord Justice Cohen and Lord Justice Asquith.

Charter-party-Readiness to load-"Full reach and burthen of the steamer"- Availability of stowage space-Reserve bunker space-Ship without mainmast or after derricks-Right of charterer to cancel-Plaintiffs' ship chartered by defendant to load grain at River Plate ports for U.K. under "Centrocon" Charter-party providing (inter alia): 6. . . . The charterers are to have the full reach and burthen of the steamer including 'tween and shelter decks, bridges, poop, etc. (provided same are not occupied by bunker coal. and/or stores). 12. . . . should the steamer not be ready to load by 6 p.m. on 27th December, 1948, charterers shall have the option of cancelling this charter-party . . . 17. The cargo to be brought to and taken from alongside at charterers' risk and expense. 19. Owners undertake that the steamer shall not load more than 7350 tons, and not less than 6650 tons . . .

Arrival at Buenos Aires with inward cargo-Collapse of mainmast due to steps taken in extinguishing fire in store room-Temporary repairs effected (though jury mast not erected), ship being given certificate of seaworthiness for voyage homewards with grain- No. 3 hold ('tween and lower) occupied by bunker coal-Notice of readiness given by shipowners in accordance with charter-party-Refusal by charterer to accept notice on the grounds (inter alia) that the ship had no mainmast or after derricks, and that No. 3 hold ('tween and lower) still contained bunker coal-Cancellation of charter-party by charterer-Claim by shipowners for damages - Arbitration - Finding of umpire that No. 3 hold was designed as reserve bunker space and that No. 3 'tween deck and No. 3 lower hold, if not used for reserve bunkers, were capable of carrying cargo; that in Noemijulia Steamship Company, Ltd. v. Minister of Food. C.A. 355 order to proceed to nearest bunkering port on homeward voyage sufficient reserve bunkers could have been carried in No. 3 'tween deck, leaving No. 3 lower hold free for grain; and that ship was not ready to load by her cancelling time in that she was without mainmast or after derricks and in that part of her No. 3 lower hold was not free for Drain-Award that charterer was entitled to cancel-Case stated - Alternative award in favour of shipowners upheld by Devlin, J.-Appeal by charterer.