Dry Bulk Handy Holding Inc and Anr v Fayette International Holdings Ltd and Anr (The “Bulk Chile”) – QBD (Com Ct) (Andrew Smith J) – 27 July 2012

Charterparty – NYPE form – Owners withdrawing vessel under head charter for failure to pay hire – Whether owners entitled to intercept freight payable by shipper – Whether owners entitled to lien on sub-hire as well as sub-freights – Whether lien effectively exercised – Whether owners entitled to post-withdrawal claims for hire against sub-time-charterer on basis of quantum meruit

The first claimant (“DBHH”) was the owner of the vessel Bulk Chile. On 25 January 2007 it chartered the vessel to the second claimant (“CSAV”) on the NYPE 1946 form. At that time the Bulk Chile was still under construction.