BEN LINE STEAMERS, LTD. v. COMPAGNIE OPTORG, OF SAIGON.

(1936) 56 Ll L Rep 30

KING'S BENCH DIVISION.

Before Mr. Justice Porter.

Charter-party - Discharging expenses - Stevedoring charges-Vessel chartered for carriage of rice and maize from Saigon to Havre and Dunkirk-Dispute as to stevedoring rates payable by owner - "Charterers' agents to nominate stevedore at loading port and discharge ports, provided rates charged are not higher than captain can get the work done by other good stevedores"-Stevedores nominated by charterers - Stevedoring contract previously entered into between owners and J & H whereby J & H agreed to discharge owners' steamers at Havre and Dunkirk at a rate in fact less than that charged by charterers' nominees- Discharge effected by charterers' nominees under protest by owners- Contention by owners that they were entitled to refund of charges in excess of those provided by contract with J & H - Whether contract rate applicable-Award in favour of charterers - Case stated - Question for opinion of Court: Whether owners were entitled to recover sums claimed.