Pteroti Compania Naviera S.A. v National Coal Board

JurisdictionEngland & Wales
Date1958
CourtQueen's Bench Division
[QUEEN'S BENCH DIVISION.] PTEROTI COMPANIA NAVIERA S.A. v. NATIONAL COAL BOARD. [1957 P. No. 2038.] 1958 Feb. 19. Diplock J.

Shipping - Charterparty - Demurrage - Lay time - Commencement - Discharge of cargo begun prior to notice of readiness - Commencement of lay time.

Clause 8 of the Americanized Welsh Coal Charter in making provision for the calculation of lay time provides: “Time to commence 24 hours … after vessel is ready to unload and written notice given ….” The defendants, the charterers, began discharging their cargo from the plaintiffs' ship as soon as the vessel berthed. A few hours later a notice of readiness to unload was served on the charterers which expired 24 hours later. The owners claimed that lay time began to run from the time when the charterers began to discharge the vessel, while the charterers claimed that time did not begin until the expiry of the notice of readiness:—

Held, that on the construction of clause 8, time began to run 24 hours after notice of readiness was served, and on the facts of the case there was no waiver of clause 8 by the charterers and no implied term that lay time was to commence earlier than as provided for in clause 8.

James Nelson & Sons Ltd. v. Nelson Line (Liverpool) Ltd. [1908] A.C. 108; 24 T.L.R. 315 considered.

ACTION.

The following facts were agreed between the parties: By a charterparty in the form of the Americanized Welsh Coal Charter dated September 29, 1955, concluded between A. Lusi Ltd., as agents for the shipowners, Pteroti Compania Naviera S.A., and Cory Brothers & Co. Ltd., as agents for the charterers, the National Coal Board, the owners agreed to charter to the charterers vessels to be nominated totalling not exceeding 1,265,000 nor less than 1,035,000 tons net register for the carriage of full and complete cargoes of coal not exceeding 10,450 nor less than 8,550 tons from Baltimore or Hampton Roads to one safe port in the United Kingdom or Continent. Clause 8 of the charterparty provides:

“The cargo to be taken from alongside by consignee at port of discharge, free of expense and risk to the vessel, at the average rate of 2,500 if Antwerp, Rotterdam or Amsterdam or 1,500 if U.K. tons per day, weather permitting, Sundays and holidays and after noon on Saturdays excepted, provided vessel can deliver it at this rate. If longer detained, consignee to pay vessel demurrage at the rate of £300 Br. Stg. per running day (or pro rata for part thereof). If sooner dispatched, vessel to pay charterer or his agents £150 Br. Stg. per day (or pro rata for part thereof) dispatch money for working time saved. Time to commence twenty-four (24) hours, Sundays and holidays excepted, after vessel is ready to unload and written notice given, whether in berth or not, and the time allowable for discharging to be calculated on the basis of the bill of lading quantity. In case of strikes, lockouts, civil commotions, or any other causes or accidents beyond the control of the consignee which prevent or delay the discharging, such time is not to count unless the vessel is already on demurrage. Consignee to effect the discharge of the cargo, vessel providing only steam, steam-winches, winchmen, gins and falls.”

The S.S. Khios Breeze was nominated on behalf of the owners and accepted on behalf of the charterers to carry out the voyage under the charterparty, and the vessel loaded 9,705 tons 1,000 lb. at Hampton Roads. In accordance with the charterparty the master applied to the charterers by wireless about 96 hours before the vessel arrived off Land's End for orders as to the port of discharge and the charterers thereupon ordered the vessel to discharge at Rotterdam. The master thereupon informed the charterers by wireless of his estimated time of arrival at Rotterdam. On the basis of the cargo of 9,705 tons 1,000 lb., and the daily discharging rate of 2,500 tons as provided in clause 8 of the charterparty, the vessel's lay time for discharging was 3 days 21 hours 10 minutes. At 0200 hours on Wednesday, July 18, 1956, the vessel berthed at Waalhaven Quay, Rotterdam, which was her discharging berth. The vessel was then in free pratique and in every respect ready to discharge. At 0230 hours on the same day the charterers' agents began to discharge the vessel. The shipowners' servants on board the vessel assisted in the discharge in the usual manner and raised no objection to the discharge commencing at the aforesaid time. At 0900 hours on Wednesday, July 18, the shipowners' Rotterdam agents tendered a notice of readiness to the charterers' Rotterdam agents, which the latter accepted. According to clause 8 of the charterparty the notice of readiness expired at 0900 hours on Thursday, July 19. The vessel's discharge proceeded continuously from 0230 hours on Wednesday, July 18, until 2345 hours on Friday, July 20, when the discharge was completed.

The shipowners contended that on the above facts the vessel's lay time for discharging of 3 days 21 hours 10 minutes began at 0230 hours on Wednesday, July 18, and that the charterers were therefore entitled to dispatch money in respect of 23 hours 55 minutes which was equal to £149 9s. 7d. at the daily rate of £150 provided in clause 8. The charterers contended that on the facts the vessel's lay time commenced at 0900 hours on Thursday, July 19, and that the charterers were therefore entitled to dispatch money in...

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11 cases
  • Transgrain Shipping B.v v Global Transporte Oceanico S.A. (Mexico I)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 31 January 1990
    ...some difficulty in finding the necessary elements of a waiver in the bare fact that a discharge was carried out. For example, in Pteroti v. National Coal Board [1958] 1 Q.B. 469, where the charter provided that time would commence 24 hours after the vessel was ready to unload and written no......
  • Glencore Grain Ltd v Flacker Shipping Ltd (Happy Day)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 15 July 2002
    ...greater, in a case where the charterers were themselves the ship's agents. 22 In Pteroti Compania Naviera SA v NCB (The "Khios Breeze") [1958] 1 QB 469 the charter provided: 'Time to commence twenty-four hours … after vessel is ready to unload and written notice given …'. The charterers beg......
  • Glencore Grain Ltd v Goldbeam Shipping Inc. (The “Mass Glory”) ; Goldbeam Shipping Inc. v Navios International Inc.
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 25 January 2002
    ...A mere request for delivery of the good has been held not to be sufficient to amount to a waiver of that right: see Pteroti Compania Naviera S.A. v National Coal Board [1958] 1 Q.B. 469. Having conceded the point before the arbitrators, however, the charterers in The Mexico I did not ask th......
  • Glencore Grain Ltd v Flacker Shipping Ltd (MV 'Happy Day') [QBD (Comm)]
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 25 January 2001
    ...149; [1990] 1 Ll Rep 507 (CA). Mozart, TheUNK[1985] 1 Ll Rep 239. Pteroti Compania Naviera SA v National Coal Board (The Khios Breeze)ELR[1958] 1 QB 469. Shackleford, TheUNK[1978] 1 Ll Rep 191; [1978] 2 Ll Rep 154 Shipping Carriage of goods Charterparty Notice of readiness Laytime Demurrage......
  • Request a trial to view additional results

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