83. Stinnes Interoil GMBH v A Halcoussis and Co (The “Yanxilas”) [1982] 2 Lloyd’s Rep 445

Voyage charterparty – title to sue as principal

The facts

This was an application for leave to appeal against a final arbitration award. The owner claimed freight, deadfreight and demurrage from the charterer. The charterer made four counterclaims for consequential damages alleging tardiness on the part of the owner. A unanimous interim award was made in favour of owner, for freight.

One of the issues to be decided by the Commercial Court was whether the claimant, Halcoussis and Co., described in the contract as “operating owners” was entitled to sue on the charterparty as principal. The word “operating” was typed in before the printed word “owner” on the form. At the same time the printed words “chartered owner” were deleted.

The charterer argued that the designation “operating owner” indicated that Halcoussis was acting as agent only.

Findings

The court found that the dominant impression of the charterparty was that Halcoussis was contracting as principal.

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