Suek AG v Glencore International AG (The "Hang Ta") - QBD (Com Ct)(Burton J) - 19 May 2011

Philip Edey QC (Thomas Cooper) for the seller; David Foxton QC (Holman Fenwick Willan) for the buyer.

(2011) 823 LMLN 1

Sale of goods (cif) - Demurrage - Notice of readiness - Contract providing that notice of readiness to be given on arrival at discharge berth but "if berth is occupied on arrival" NOR could be given at usual waiting place whether in berth or not - Carrying vessel arriving at discharge port but unable to reach berth because of congestion and because of tidal conditions - Master tendering NOR at usual waiting place - Whether NOR validly tendered

By a contract of sale dated 1 December 2009 the claimant seller agreed to sell to the defendant buyer 390,000 mts +/- 10% at the seller’s option of unclean coal in six shipments across the four quarters of 2010 on a cif basis.