SUEK AG v GLENCORE INTERNATIONAL AG (THE “HANG TA”)

[2011] 2 Lloyd's Rep. 278

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Burton

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.