OCEAN TRAWLERS, LTD., v. MARITIME NATIONAL FISH, LTD.

(1935) 51 Ll L Rep 299

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Lord Atkin, Lord Tomlin, Lord Macmillan and Lord Wright.

Charter-party-Frustration-Impossibility of performance-Claim by shipowners for hire of trawler St. C-Charter fixed from year to year-Renewal at reduced rate of hire in July, 1932, for further year from October, 1932-Amendment to Fisheries Art (R.S. Canada, 1927) by addition of Sect. 69A in June, 1929, making it an offence to fish with vessel with otter trawl except under licence from the Minister of Fisheries, it being left to the Minister to determine the number of vessels eligible to be licensed, and to issue regulations defining the conditions in respect of licences-Regulations published in August, 1931-St. C fitted with otter trawl-Four other trawlers, fitted with otter trawling gear, also operated by charterers- Application by charterers for licences- Licences granted for three trawlers- Nomination by charterers of three trawlers other than St. C-Notification by charterers to shipowners that St. C was available for redelivery- Contention that charter was discharged owing to its performance becoming impossible -Implied term.