Alianca Navegacao E Logistica LTDA v Ameropa SA

Alianca Navegacao E Logistica LTDA v Ameropa SA

Alianca was not in breach by taking the Cape Horn route, as it was a usual and reasonable route. However, Alianca breached its duty to properly care for the cargo by failing to ventilate in accordance with a sound system (including at night when safe) and by failing to properly disinfest the vessel's topsides, causing reinfestation. These breaches caused the cargo damage and consequent delays at Durban and Richards Bay. The delays were not caused by quarantine within the meaning of the charterparty. Demurrage is not payable for delays caused by the owner's fault.

Parties
Claimant: Alianca Navegacao e Logistica Ltda; Defendant: Ameropa SA
Jurisdiction
England and Wales
Judgment Date
22 November 2019
Procedural Posture
Commercial Shipping Dispute (demurrage Claim) / High Court Trial Judgment
Outcome
Claim for demurrage dismissed to the extent delays were caused by Alianca's breaches; demurrage only recoverable for time exceeding laytime not caused by owner fault.
Legal Topics
Demurrage, Charterparty Interpretation, Cargo Care Obligations, Deviation, Ventilation of Cargo, Quarantine Exceptions
Shipping Law Contract Law Demurrage Charterparty Interpretation Cargo Care Obligations Deviation Ventilation of Cargo Quarantine Exceptions

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Parties

Alianca Navegacao e Logistica Ltda

Claimant

Ameropa SA

Defendant

Procedural Posture

Commercial Shipping Dispute (demurrage Claim) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the choice of route via Cape Horn constituted a deviation or breach of contract
  2. 2 Whether the vessel failed to proceed with all convenient speed and/or at warranted speed
  3. 3 Whether the cargo was properly and carefully ventilated in accordance with a sound system

Ratio Decidendi

Alianca was not in breach by taking the Cape Horn route, as it was a usual and reasonable route. However, Alianca breached its duty to properly care for the cargo by failing to ventilate in accordance with a sound system (including at night when safe) and by failing to properly disinfest the vessel's topsides, causing reinfestation. These breaches caused the cargo damage and consequent delays at Durban and Richards Bay. The delays were not caused by quarantine within the meaning of the charterparty. Demurrage is not payable for delays caused by the owner's fault.

Court Disposition

Claim for demurrage dismissed to the extent delays were caused by Alianca's breaches; demurrage only recoverable for time exceeding laytime not caused by owner fault.