MINERVA NAVIGATION INC v OCEANA SHIPPING AG (THE 'ATHENA')

摘要

Charterparty (Time) - Off-hire - Whether vessel off-hire during period of drifting -Whether sufficient for charterers to establish net loss of time as regards service immediately required or whether necessary to establish that time was lost to the chartered service - New York Produce Exchange 1946 form, clause 15. The vessel Athena was chartered by Minerva Navigation Inc as head owners to Oceana Shipping AG as charterers, who in turn sub-chartered her to Transatlantica Commodities SA. Both charterparties were on amended NYPE forms, and provided, at clause 15: "That in the event of the loss of time from deficiency sickness, strike or default of master, officers or crew or deficiency of of men or stores, fire, breakdown or damages to hull, machinery or equipment, grounding, detention by average accidents to ship or cargo, dry docking for the purpose of examination or painting bottom, or by any other cause preventing the full working of the vessel, the payment of hire shall cease for the time thereby lost; unless caused by the Charterers or Charterers agents or Charterers servants and all extra expenses directly incurred including bunkers consumed during period of suspended hire shall be for Owners' account and if upon the voyage the speed be reduced by defect in or breakdown of any part of her hull, machinery or equipment, the time so lost, and the cost of any extra fuel consumed in consequence thereof, and all extra expenses shall be deducted from the hire."