Maritime National Fish Ltd v Ocean Trawlers Ltd
| Jurisdiction | UK Non-devolved |
| Judgment Date | 12 April 1935 |
| Date | 12 April 1935 |
| Court | Privy Council |
Judicial Committee of the Privy Council
Lords Atkin, Tomlin, Macmillan and Wright
Maritime National Fish Limited v. Ocean Trawlers Limited
Bank Line Limited v. Arthur Capel and Co.DID=ASPMECAS 14 Asp. Mar. Law Cas. 370 120 L. T. Rep. 129 (1919) A. C. 435 14 Asp. Mar. Law Cas. 375
Krell v. HenryELR 89 L. T. Rep. 328 (1903) 2 K. B. 740
Larrinaga and Co. Limited v. Société Franco-Americaine des Phosphates de Medulla, ParisDID=ASPMUNK 16 Asp. Mar. Law Cas. 133 129 L. T. Rep. 65 29 Com. Cas. 1
Hirji Mulji and others v. Cheong Yue Steamship Company LimitedDID=ASPM 17 Asp. Mar. Law Cas. 8 134 L. T. Rep. 737 (1926) A. C. 497
Dahl and Co. v. Nelson, Donkin, and Co.DID=ASPMELR 4 Asp. Mar. Law Cas. at p. 397 44 L. T. Rep. at p. 386 6 App. Cas. at p. 53
Nova Scotia — Charter-party — Trawler
Krell v. Henry (89 L. T. Rep. 328; (1903) 2 K. B. 740) commented on.
Judgement of the Supreme Court of Nova Scotia affirmed.
ASPINALL'S MARITIME LAW CASES. 551 K. B. DIV.] MARITIME NATIONAL FISH LIMITED V. OCEAN TRAWLERS LIMITED. [PRIV. CO. Judicial Committee of the Pride Council. March 25 and April 12, 1935. (Present: Lords ATKIN, TOMLIN, MACMILLAN and WRIGHT.) Maritime National Fish Limited v. Ocean Trawlers Limited. (a) ON APPEAL FROM THE SUPREME COURT OP NOVA SCOTIA. Nova Scotia-Charter-party-Trawler-Number of trawlers limited by Government-Failure to apply for licence to fish-Frustration of contract-Claim for hire. By sect. 69a, which was an amendment dated the 14th June, 1929, to the Canadian Fisheries Act, it was a punishable offence to leave any port in Canada with intent to fish with a vessel that used an otter trawl, except under licence from the Minister. The appellants were charterers of the St. C, a steam trawler belonging to the respondents, which was fitted with, and could only operate as a trawler with, an otter trawl. It was expressly agreed that the trawler should be employed in the fishing industry only. The charter-party was dated the 23rd Oct., 1928, and was to continue from year to year. It was renewed on the 25th Oct., 1932, for one year. On the 11th March, 1933, the appellants applied to the Minister of Fisheries for licences for the five trawlers they were operating. The Minister in his reply stated that only three licences would be granted, and he requested the appellants to state for which of the five trawlers they desired to have licences. The appellants thereupon gave the names of three trawlers, other than the St. C, and licences were in due course issued for those three trawlers. In consequence the appellants claimed that they were no longer bound by the charter-party. In an action brought by the respondents for hire due under the charter, the appellants pleaded that the charter-party contract had become impossible of performance, and that thereupon they were wholly discharged from the contract. Held, that what was claimed to be a frustration by reason of the withholding of the licence was a matter for which the appellants were responsible. It happened in consequence of their election which prevented performance of the (a) Reported by EDWARD J. M. CHAPLIN., Esq., Barrister-at-Law. 552 ASPINALL'S MARITIME LAW CASES. PRIV. CO.] MARITIME NATIONAL FISH LIMITED V. OCEAN TRAWLERS LIMITED. [PRIV. CO. contract, which was dependent on a licence being granted. The appellants therefore remained liable under the contract. Krell v. Henry (89 L. T. Rep. 328; (1903) 2 K. B. 740) commented on. Judgment of the Supreme Court of Nova Scotia affirmed. APPEAL from a judgment of the Supreme Court of Nova Scotia en Banco dated the 9th June, 1084, reversing a judgment of the Supreme Court of Nova Scotia, dated the 19th Jan., 1934. The appellants were the charterers of a steam trawler of which the respondents were the owners. The facts, which are sufficiently summarised in the headnote, are fully set out in the judgment of the Judicial Committee. C. B. Smith, K.C. and Frank Gahan, for the appellants. H.U. Willink, K.C. and Mocatta, tor the respondents. The judgment of their Lordships was delivered by Lord Wright.-The appellants were charterers of a steam...
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