COURT LINE, LTD. v. DANT & RUSSELL, INC.

(1939) 64 Ll L Rep 212

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party-Frustration-Time charter for nine or ten months, vessel entering upon service in March, 1937-Vessel to be redelivered at Australian port - Hire to be paid monthly in advance-"15. In the event of the loss of time from deficiency of men or stores, fire, breakdown or damages to hull, machinery or equipment, grounding, detention by average accidents to ship or cargo, drydocking for the purpose of examination or painting bottom, or by any other cause preventing the full working of the vessel, the payment of hire shall cease for the time thereby lost. . . . 16. Should the vessel be lost, money paid in advance and not earned . . . shall be returned to the charterers at once. The act of God, enemies, fire, restraint of princes, rulers and people, and all dangers and accidents of the seas . . . always mutually excepted"-Cargo loaded at Portland (Oregon) for Wuhu and Shanghai, vessel arriving at Wuhu on Aug. 7 - Outbreak of hostilities between China and Japan - Boom placed across River Yangtsze by Chinese to prevent Japanese fleet from ascending river - Discharge completed at Wuhu by Sept. 3.-Vessel prevented by boom from proceeding down river-Indication of indefinite delay-River in fact cleared before time for redelivery at Australian port-Claim by charterers that charter was frustrated on Sept. 3; and for repayment of subsequent payments of hire - Claim by owners for damages for wrongful repudiation - Arbitration - Award that charter was frustrated on Sept. 3, but that neither party could recover anything from the other party-Case stated -Doctrine of frustration of time charter considered.