Emeraldian Ltd. Partnership v. Wellmix Shipping Ltd. and Anr (The “Vine”) – QBD (Comm. Ct.),17 June 2010

BREACH OF SAFE PORT WARRANTY -- BEYOND CHARTERER'S CONTROL -- WHETHER DELAY COUNTED AS LAYTIME -- DEMURRAGE -- Owner Award After nominating the loadberth an accident occurred forcing its closure for repairs. Owner claimed demurrage for the time spent by the Vessel awaiting the repair of the berth, but Charterer refuted the claim basis the notion that the accident was beyond Charterer’s control. In addition, the Court was asked to determine whether the berth was safe at the time it was nominated due to the complex mooring maneuvers required in order for vessels to safely berth.