498. Louis Dreyfus Commodities Suisse SA v MT Maritime Management BV (“MTM Hong Kong”) [2015] EWHC 2505 Comm

Voyage charterparty – damages for charterers’ repudiation – the usual measure of difference between contractual and actual earnings departed from

The Facts

An oil/chemical tanker was fixed on 6 January 2011 on an amended Vegoil form to carry vegoil from South America to 1-4 safe ports in the Gibraltar – Rotterdam range.

The vessel commenced her ballast voyage from Boma on the River Congo on 19 January 2011. Charterers repudiated two days later on 21 January 2011.

The vessel nevertheless proceeded to South America where she was fixed to carry vegoil from San Lorenzo, Argentina to Rotterdam on 24 February 2011. She completed the substitute fixture on 12 April 2011.

Had the contractual voyage been performed, the vessel could have made another round trip to North America by the end of the substitute fixture i.e. 12 April 2011.

Findings

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