Minerva Navigation Inc v Oceana Shipping AG

The vessel was off-hire for the period of 10.9416 days during which the master failed to comply with charterers' orders, as the off-hire clause is concerned with the service immediately required of the vessel and the actual time lost in performing that service, not with net loss to the chartered service overall.

Parties: Respondent: Minerva Navigation Inc; Defendant: Oceana Shipping AG; Appellant: Transatlantica Commodities SA
Jurisdiction: England and Wales
Judgment Date: 23 October 2013
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appeal allowed; arbitrators' decision restored.
Legal Topics: Time Charterparty, Off Hire Clause, Default of Master, Hire Payment, Net Loss of Time

Maritime Law Contract Law Time Charterparty Off Hire Clause Default of Master Hire Payment Net Loss of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Minerva Navigation Inc

Respondent

Oceana Shipping AG

Defendant

Transatlantica Commodities SA

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Interpretation of 'loss of time', 'time thereby lost', and 'time so lost' in Clause 15 of NYPE charterparty
2 Whether vessel was off-hire during period of drifting contrary to charterers' orders
3 Calculation of time lost for purposes of off-hire clause

Ratio Decidendi

Court Disposition

Appeal allowed; arbitrators' decision restored.

Orders

Vessel declared off-hire for 10.9416 days of drifting contrary to charterers' orders.
Hire and associated expenses for that period recoverable by charterers.