445. Compania Portorafti Commerciale S.A. v Ultramar Panama Inc. Philbro Energy AG BP Oil International Limited (the “Captain Gregos”) [1990] WL 10631052

HVR – Time bar applies to intentional acts of wrongdoing – rules not applying to non parties to contract of carriage or bills of lading.

 The Facts

Crude oil was shipped from Egypt to Rotterdam under bills of lading which incorporated the HVR.

Cargo owners alleged that the ship owners used part of the cargo to bunker the vessel, transshipped part during the voyage, and deliberately omitted to fully discharge the remainder.

Two preliminary points argued:

(a)       Whether the HVR, and in particular, the time bar, applied to the deliberate misappropriation of the cargo; and

(b)       Whether the HVR applied to non parties to the bill of lading, cargo alleging that they were non-parties

The claim was served outside the one (1) year time bar contained in the HVR.

Findings

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