Quiana Navigation SA v Pacific Gulf Shipping (Singapore) PTE Ltd "Caravos Liberty" [2019]
Quiana Navigation SA v Pacific Gulf Shipping (Singapore) PTE Ltd "Caravos Liberty" [2019] EWHC 3171— 21 November 2019 (Mrs Justice Cockerill DBE)
“Under a time-charter, Charterers underpaid the 4th (15- day) hire instalment but paid the 5th and 6th in full. The day after the 6th instalment fell due, Owners served an anti-technicality notice and withdrew the Vessel, relying upon the BIMCO Non Payment of Hire Clause: "If the hire is not received by midnight on the due date....Owners shall notify Charterers [and] If the payment is not received within 72 running hours, Owners may by giving written notice within 12 running hours withdraw the Vessel....". The High Court, on appeal, upheld the Tribunal's finding that the BIMCO clause was not engaged, because it could only be operated for the immediately preceding 15- day instalment (which was paid in full) and not for arrears, rendering Owners' withdrawal a "renunciatory/ repudiatory" breach.”
Louise Glover
E. G. Arghyrakis & Co.
28th November 2019