Zodiac Maritime Agencies Ltd. v. Fortescue Metals Group Ltd. (The “Kildare”) – QBD (Comm. Ct.), 28 Apr 2010

CONSECUTIVE VOYAGE CHARTER -- REPUDIATORY BREACH -- DAMAGES -- Owner Award When Charterer repudiated a Consecutive Voyage Charter (CVC) 4.5 years early, and as there was no comparable market at the time of the repudiation with Vessel subsequently traded on the spot market, the Court ruled that damages paid to Owner were to reflect the difference between what Vessel would have earned under the CVC and what the Vessel earned on the spot market (i.e. the Vessel’s actual losses) less 1.5% to account for the accelerated receipt and less 1.5% to reflect "catastrophic contingencies" such as the possibility that the Vessel would become a total loss prior to when the CVC would have concluded. The emergence of a comparable market after the repudiation was deemed moot in regards to the calculation of damages as it needed to exist at the time of repudiation to be taken into consideration.