Aktieselskabet "Lina" v. George V. Turnbull & Co. [1907] ScotLR 44_367 (02 February 1907)

Aktieselskabet "Lina" v. George V. Turnbull & Co. [1907] ScotLR 44_367 (02 February 1907)

A vessel entering harbour to fulfil a contractual obligation to deliver to charterers is not entering 'only for convenience' and is not entitled to half dock rates. Under a time charter, unless the charter-party expressly provides otherwise, hire is payable during periods of quarantine detention, as such suspension is not to be implied.

Citation
[1907] ScotLR 44_367
Parties
Pursuer: Aktieselskabet 'Lina' of Christiania, Norway, and Oluf Martin Mohn; Defender: George V. Turnbull & Company
Jurisdiction
Scotland
Judgment Date
02 February 1907
Procedural Posture
Civil Appeal / Inner House, Second Division, Court of Session, on Appeal From Sheriff Court at Edinburgh
Outcome
Appeal allowed in part; interlocutor of Sheriff recalled; judgment of Sheriff-Substitute restored.
Legal Topics
Charter Party Interpretation, Harbour and Dock Rates, Quarantine and Hire Liability, Statutory Construction
Maritime Law Contract Law Statutory Interpretation Charter Party Interpretation Harbour and Dock Rates Quarantine and Hire Liability Statutory Construction

Case Brief

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Parties

Aktieselskabet 'Lina' of Christiania, Norway, and Oluf Martin Mohn

Pursuer

George V. Turnbull & Company

Defender

Procedural Posture

Civil Appeal / Inner House, Second Division, Court of Session, on Appeal From Sheriff Court at Edinburgh

Legal Issues

  1. 1 Whether a vessel entering Leith harbour for delivery to charterers under a time charter is entitled to half or full dock rates under the Leith Harbour and Docks Act 1892.
  2. 2 Whether charterers are liable to pay hire during a period when the vessel is detained in quarantine, under the terms of the charter-party.

Ratio Decidendi

A vessel entering harbour to fulfil a contractual obligation to deliver to charterers is not entering 'only for convenience' and is not entitled to half dock rates. Under a time charter, unless the charter-party expressly provides otherwise, hire is payable during periods of quarantine detention, as such suspension is not to be implied.

Court Disposition

Appeal allowed in part; interlocutor of Sheriff recalled; judgment of Sheriff-Substitute restored.

Orders

  • Defenders to pay pursuers £23, 15s. 8d. with interest at 5%
  • Pursuers entitled to expenses in inferior court since 30 November 1905 and two-thirds of expenses in superior court