BOARD OF TRADE v. OWNERS OF "PORJUS." (RENAMED "MOLDAVIA.")

(1949) 83 Ll.L.Rep. 434

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Bill of lading - Short delivery - Proof -"All conditions as per" Esparto Charter-party - Esparto grass loaded in bales and loose - Method of computing shortage on discharge - Defendants' steamship chartered by Ministry of Supply to load cargo of esparto grass "in hydraulic and/or mechanically pressed bales" at North African ports for delivery at Granton- Shipment of 10,600 bales (including loose grass)-Provision in charter-party that The ship will be held liable to discharge at destination the same number of bales as that for which captain will have signed bill of lading, the bale equivalent of any loose grass discharged being calculated on the average discharged dry bale weight of the cargo. Should any portion of the deck cargo be discharged damp or wet, freight of same shall be calculated on the average weight of similar dry bales.

Delivered cargo including wet and damaged bales and loose grass-Claim by Board of Trade (holders of bills of lading) for short delivery-Dispute as to correct method of calculation of number of bales of loose grass discharged -Whether to be calculated by reference to total number of bales discharged dry (as claimants contended) or by reference to the dry weight of all the bales discharged-Claim based on average weight of total number of bales discharged (whether wet, dry or damaged), difference in result being negligible - Arbitration - Award in claimants' favour-Case stated.