TRAFIGURA BEHEER B.V. v. GOLDEN STAVRAETOS MARITIME INC. (THE “SONIA”) [2003] EWCA Civ 664

[2003] 2 Lloyd's Rep. 201

COURT OF APPEAL

Before Sir Andrew Morritt, V.-C., Lord Justice Clarke and Lord Justice Kay

Charter-party (Voyage) - Limitation of time - Delivery - Construction - Carriage of jet fuel cargo to Lagos at lumpsum freight - Cargo rejected at Lagos by receivers before being discharged - Vessel ordered to wait at Abidjan - Charterers arranging sale of cargo in Mediterranean - Charterers and shipowners agreeing that vessel should proceed to Mediterranean on agreed terms - Charterers instructing vessel to discharge at Agioi Theodori, Greece - Charterers bringing cargo claim more than one year after cargo should have been discharged at Lagos but within one year of discharge at Agioi Theodori - Shipowners applying for summary judgment under CPR Part 24 on basis that claim time barred - Whether cargo delivered under contract of carriage - Whether claim time barred under art. III, r. 6 of the Hague-Visby Rules.