OWNERS OF CARGO IN MOTOR VESSEL "GREYSTOKE CASTLE" v. OWNERS OF STEAMSHIP "CHELDALE."

(1944) 78 Ll.L.Rep. 129

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice du Parcq.

Collision-Damages-Both to blame-General average contribution by cargo in carrying ship-Right of recovery from other ship- Collision between steamship Cheldale and motor vessel Greystoke Castle-General average expenses incurred by Greystoke Castle-Contribution made by owners of cargo on board-Apportionment of collision liability: Greystoke Castle, three-quarters; Cheldale, one-quarter-Limitation decree obtained by Greystoke Castle -Cross-settlement of claims between shipowners -Owners of Greystoke Castle said to have received credit for items in respect of which they had also received contribution from cargo-owners-No refund made to cargo-owners by owners of Greystoke Castle-Claim for damages brought by cargo-owners against owners of Cheldale -Reference to Registrar-Items claimed: (1) Damage to cargo; (2) General average contribution made to owners of Greystoke Castle-Report awarding damages under both heads-Motion in objection by owners of Cheldale in respect of recovery of general average contribution-Double payment -The Marpessa, [1891] P. 403-The Minnetonka, [1905] P. 206-The Sucarseco, 51 Ll.L.Rep. 238.