20 Mar 1990
METALLGESELLSCHAFT HONG KONG LTD v. CHINAPART LTD
- Citation
- METALLGESELLSCHAFT HONG KONG LTD v. CHINAPART LTD
- Court
- Court of Appeal
- Case number
- CACV144/1989
Clause 17, on its true construction, imposed an absolute obligation on the buyer to unload within the stipulated discharge days rather than being an indemnity or quasi‑indemnity; there was no sufficiently strong basis to imply a duty to notify arrival; laytime began when the ship arrived and was ready to discharge as evidenced by the Master’s notice of readiness; therefore the court was entitled to enter judgment for the full amount claimed rather than staying proceedings under the arbitration agreement.