STEAMSHIP INDUNA COMPANY, LTD. v. BRITISH PHOSPHATE COMMISSIONERS.

(1948) 82 Ll.L.Rep. 430

KING'S BENCH DIVISION.

Before Mr. Justice Sellers.

Charter-party - Demurrage - Dispatch money-Delay in discharging-Exceptions clause - Excepted causes operating at date of charter-party - Charter of plaintiffs' vessel by defendants to carry phosphate to New Zealand. 10. Cargo to be loaded (provided ship can take it in) at the average rate of 2000 tons per working day of 24 consecutive hours, Sundays and holidays excepted and weather permitting, and to be received at the average rate of [1500] tons per working day of 24 consecutive hours (provided the ship can put it out), Sundays and holidays excepted and weather permitting . . . Time occupied in shifting ports or berths or changing positions not to count as lay days, and in the event of any delay or hindrance in discharging cargo by reason of . . . scarcity of labourers . . . intervention of constituted authorities . . . or from any other cause whatsoever beyond the control of the charterers, shippers or consignees, or from inability or inefficiency of ship to load or discharge, the lay days not to count during the period of such delay or hindrance and demurrage not to accrue . . . At charterers' option, any days or parts of days not consumed in loading may be added to the time for discharging, and any extra time consumed in loading may be deducted from the time for discharging. 11. Demurrage over and above the lay days so calculated to be paid to ship at the rate of 8d. per gross registered ton per day or part thereof pro rata, and dispatch money to be paid by owners at the rate of half demurrage rate per gross registered ton per day or part thereof pro rata, on working time saved in loading and discharging.