FYFFES GROUP LTD. AND CARIBBEAN GOLD LTD. v. REEFER EXPRESS LINES PTY. LTD. AND REEFKRIT SHIPPING INC. (THE “KRITI REX”)

[1996] 2 Lloyd's Rep. 171

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Moore-Bick

Contract of affreightment - Breach - Damages - Contract for carriage of bananas - Vessel suffered engine failure - Failure to tender vessels for loading - Whether vessel unseaworthy - Whether time charterers in breach of art. III, r. 1 of Hague-Visby Rules - Whether time charterers in breach of implied obligation to proceed with all despatch - Issues as to remoteness of damages, causation, mitigation and quantum. Bill of lading - Non-delivery - Damages - Contract for carriage of bananas - Vessel suffered engine failure - Failure to deliver goods at destination - Bill of lading holders claimed damages from shipowners - Issues as to remoteness of damages, causation, mitigation and quantum. Contribution proceedings - Indemnity - Liability to sub-charterers - Contract for carriage of bananas - Vessel suffered engine failure - Failure to tender vessel for loading and failure to deliver goods at destination - Whether time charterers entitled to be indemnified by shipowners against time charterers’ liability to sub-charterers - Issues as to remoteness and mitigation.