501. A.B. Marintrans v Comet Shipping Co Ltd (the “Shinjitsu Maru no.5”) [1985] 1 Lloyds Rep 568

NYPE Form, clause 8 – Liability for bad stowage.

The Facts

The vessel was let on the NYPE Form for a time charter trip from New Zealand to West Africa.

Clause 8 read as follows “the Captain… shall render all customary assistance with ship’s crew and boats. The Captain ( although appointed by the owners) shall be under the orders and directions of the Charterers as regards employment and agency; and Charterers are to load, stow, trim and discharge the cargo at their expense under the supervision and responsibility of the Captain.”

At the load port, Maunganui, the vessel was ordered to load a cargo of palletized milk powder.

Because the vessel had been designed as log carrier, a special stowage plan for the palletized cargo was required.

Due to practical constraints and interference of the shippers, the New Zealand Dairy Board, there were deviations from the stowage plan.

The master was concerned over the adequacy of the stowage. He took the advice of a Surveyor appointed by the stevedores who advised him that the stowage was safe.

In fact, the stowage was defective and the vessel had to return to port for the cargo to be re-stowed.

The Charterers’ deduction from hire was submitted to arbitration.

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