Gatoil Anstalt v. Omenial - Mr. Justice Mocatta - Q.B. (Com.Ct.) - May 20, 1980

Withdrawal of chartered vessel - Whether valid

Judgment in Gatoil Anstalt v. Omenial was given by Mr. Justice Mocatta on May 20, 1980. The charterers had obtained an injunction, which had been continued by the Court of Appeal, (see LMLN No. 14) restraining the withdrawal of the chartered vessel by the owners for non-payment of hire. At the trial the charterers dropped the argument based on equitable relief from forfeiture, and so only two points remained, first whether the vessel had been withdrawn within a reasonable time and second whether the assignment, by the owners, of the benefit of the charter, to Cammell Laird, prevented withdrawal of the vessel without the written permission of the assignees.