Hyundai Merchant Marine Co Ltd v Furness Withy (Australia) Pty [2006] EWCA Civ 599 (25 January 2006)
The vessel's detention arose from its status as a first-time caller to the United States, a matter of owners' responsibility, not from charterers' trading or nomination of port. Therefore, the risk falls on owners and the vessel was off-hire under the main part of clause 85.
- Citation
- [2006] EWCA Civ 599
- Parties
- Claimant/respondent: Hyundai Merchant Marine Co Limited; Defendant/appellant: Furness Withy (Australia) PTY
- Jurisdiction
- England and Wales
- Judgment Date
- 25 January 2006
- Procedural Posture
- Appeal / Court of Appeal (civil Division)
- Outcome
- appeal dismissed
- Legal Topics
- Time Charter, Off Hire Clause, Detention, Risk Allocation
Case Brief
Summary, issues, holding and outcome
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Parties
Hyundai Merchant Marine Co Limited
Claimant/respondent
Furness Withy (Australia) PTY
Defendant/appellant
Procedural Posture
Appeal / Court of Appeal (civil Division)
Legal Issues
- 1 Whether vessel's detention under US security legislation falls within the off-hire clause or its proviso in the time charter
- 2 Allocation of risk between owners and charterers under clause 85
Ratio Decidendi
The vessel's detention arose from its status as a first-time caller to the United States, a matter of owners' responsibility, not from charterers' trading or nomination of port. Therefore, the risk falls on owners and the vessel was off-hire under the main part of clause 85.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed. Vessel was off-hire under clause 85. US$257,732.77 not payable as hire for the period of detention.
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