383. Profindo Pte Ltd v Abani Trading Pte Ltd (the MV “Athens”) [2013] SGHC 10

Demurrage –  CFR/CIF Sale – the buyers liable to sellers for delay caused by port authorities after commencement of discharge 

Facts

Cement was loaded in China  to be discharged at Diego Suarez, Madagascar.

 The CFR sale contained laytime and demurrage provisions – buyers’ liability.  Sellers were the charterers of the vessel.

 After commencement of discharge, port authorities required the vessel to give up its berth to a priority tanker causing delay of about two days.  

 Excluding the period of delay, buyers completed the discharge within the laytime available.  

 The most interesting (and probably be the most important) issue to be decided between the buyers and the sellers was whether laytime continued to run during the period of the delay caused by the port authorities.  

 Findings

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