THOMSON v. LOUIS DREYFUS & CO.

(1936) 54 Ll.L.Rep. 167

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party-Bagging of cargo (wheat in bulk)-Cost of bags-Charter of plaintiff's vessel to load at Sydney, N.S.W., "a full and complete cargo of wheat in bulk"-"9. Charterers must supply a sufficient quantity of cargo in bags required by the Commonwealth Navigation Department surveyor for safe stowage to comply with the grain regulations under the Navigation Act, 1912-1920, or any amendment thereof, but shall not be bound to supply more cargo in bags than required for this purpose. The charterers shall pay the cost of bagging cargo in bulk up to 15 per cent. of the entire cargo, if required under the preceding clause and the shipowners shall pay the cost of bagging any quantity in excess of 15 per cent. This provision shall apply only when cargo in bulk is shipped. If separations of bulk cargo are required the cost of such separations shall be paid by the charterers"-Vessel loaded with as much wheat in bulk as allowed by the grain regulations issued pursuant to the Navigation Act and with the requisite bagged cargo under Clause 9-Demand by master for further bagged cargo to bring vessel to safe trim and to bring her down to her marks-Contention by charterers that their obligation as to the supply of bagged cargo was limited by the terms of Clause 9 - Further quantity of bagged cargo supplied by charterers, without prejudice, to comply with master's request, the dispute to go to arbitration-Cost of bags and bagging paid by charterers and claimed by them from shipowner- Deposit by shipowner in joint names, pending arbitrator's decision-Agreement between parties that "(1) If the arbitrator finds that the master was not entitled to any more wheat in bags . . . then the [sum deposited] together with the accrued interest thereon . . . shall be paid out to [charterers]. (2) If the arbitrator finds that the master was iustified in demanding more wheat in bags than supplied by the charterers . . . then the arbitrator shall determine how much of that sum shall be paid to [shipowner and charterers]"- Award that master was not entitled to demand more wheat in bags and that the sum deposited should be paid out to charterers-Contention by shipowner that he was entitled to the return of the bags or their value.