TIME CHARTER – SPEED AND PERFORMANCE – HULL FOULING – GOOD WEATHER – THE DIVINEGATE
The dispute concerned a claim by the charterers for US$127,545.45 and a counterclaim by the owners for US$28,174.16, as reflected in the parties’ final hire statements. The central issue was whether, at delivery, the vessel was affected by underwater hull fouling amounting to a defect that reduced speed and entitled the charterers to an off-hire deduction under the charterparty.