Triton Navigation Ltd. v Vitol S.A.

Triton Navigation Ltd. v Vitol S.A.

The delay at Sikka was caused by the charterers' failure to have cargo available, not by the owners' fault or vessel's condition. None of the charterparty clauses relied on by the charterers excused them from liability for demurrage. The owners are not entitled to additional diesel oil costs for the Limassol deviation as 'bunkers' refers to fuel oil only. At Thessalonika, the owners are entitled to demurrage except for the period attributable to their failure to maintain required pumping pressure, and port disbursements are recoverable subject to deduction for additional tug costs caused by slow pumping.

Parties
Claimant: Triton Navigation Ltd; Defendant: Vitol S.A.
Jurisdiction
England and Wales
Judgment Date
23 January 2003
Procedural Posture
Commercial Shipping Dispute / High Court Judgment
Outcome
Judgment for claimant in part
Legal Topics
Demurrage, Laytime, Charterparty Interpretation, Shipping Contracts, Bunkers, Port Disbursements
Commercial Law Maritime Law Demurrage Laytime Charterparty Interpretation Shipping Contracts Bunkers Port Disbursements

Case Brief

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Parties

Triton Navigation Ltd

Claimant

Vitol S.A.

Defendant

Procedural Posture

Commercial Shipping Dispute / High Court Judgment

Legal Issues

  1. 1 Whether laytime and demurrage are payable for delay at Sikka port under the charterparty terms
  2. 2 Whether the owners are entitled to additional costs for deviation to Limassol
  3. 3 Whether demurrage and port disbursements are payable for discharge at Thessalonika given vessel's pumping performance

Ratio Decidendi

The delay at Sikka was caused by the charterers' failure to have cargo available, not by the owners' fault or vessel's condition. None of the charterparty clauses relied on by the charterers excused them from liability for demurrage. The owners are not entitled to additional diesel oil costs for the Limassol deviation as 'bunkers' refers to fuel oil only. At Thessalonika, the owners are entitled to demurrage except for the period attributable to their failure to maintain required pumping pressure, and port disbursements are recoverable subject to deduction for additional tug costs caused by slow pumping.

Court Disposition

Judgment for claimant in part

Orders

  • Charterers to pay owners US$291,691.75 demurrage for Sikka delay
  • Charterers to pay owners US$37,183.33 demurrage for Thessalonika discharge