Sylvia Shipping Co. Ltd. v. Progress Bulk Carriers Ltd. (The “Sylvia”) – QBD (Comm. Ct.), 18 Mar 2010
NYPE — FAILED PORT STATE INSPECTION — MISSED LAYDAY WINDOW — FORESEEABILITY OF DAMAGES — REMOTENESS OF DAMAGES — Charterer Award
Because the Vessel failed a Port State Inspection due to structural deficiencies and was detained until Owner could affect repairs, Charterer missed a layday window with a sub-charterer. Charterer sought to recover lost profits in arbitration and won. Owner appealed and the Judge considered whether the Charterer’s damages were unforeseeable, too remote, or erroneously derived.
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