Osit Shipping Ltd v Canpotex Shipping Services Ltd (The “Kitsa”) - Before Thomas F Fox, Hammond L Cederholm and A J Siciliano, Chairman - 2 November 1994

Time charter - Whether charterers entitle to place vessel off hire as a result of deviation to assist vessel in distress

The vessel Kitsa was chartered on the NYPE form for 5 to 7 months. On 17 December 1990, while on a voyage from Vancouver BC to Taiwan with a cargo of potash, the vessel was requested by the US Coast Guard to assist another vessel which was in distress and taking on water. Two other vessels were also asked to assist but were later dismissed by the Master of the vessel in distress, who requested the continued assistance of Kitsa . The distressed vessel subsequently foundered and her crew were rescued by Kitsa .