President of India v Moor Line Ltd [1958] HCA 24

99 C.L.R.] OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.]

THE PRESIDENT OF INDIA 5 i , APPELLANT ; AND THE MOOR LINE LIMITED . 2 . : RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Charter party—Construction—Right of charterer to send cargo alongside " continu- ously "—Inability of shipowner's stevedore to obtain labour from Stevedoring Industry Board during hours other than normal working hours—Whether a breach of shipowner's obligation.

A charter party contained the following provision "The charterers . . shall have the right of sending the cargo alongside continuously (Sundays and holidays excepted) and the vessel shall be bound to proceed with the loading if so required."

Held, by Dizon ©.J., Williams and Taylor JJ., Webb and Fullagar JJ. dissenting, that a shipowner who was unable to accept cargo outside normal working hours because of the Stevedoring Industry Board's inability to supply labour was not in breach of his obligation under the charter party.

Decision of the Supreme Court of Victoria (Herring C.J.), affirmed.

Appr from the Supreme Court of Victoria.

This was an appeal by special leave from an order made by the Supreme Court of Victoria (Herring C.J.) by which answers were given to certain questions raised by the award of an umpire stated in the form of a special case for the decision of the court in the matter of a claim made by the President of India against Moor Line Limited arising out of a charter party made on 10th November 1950 between the parties at London in respect of the charter of the M.V. Exmoor.

The relevant facts and provisions of the charter party and the arguments of counsel appear sufficiently in the judgments of the

Court hereunder.

H.C. or A.

1958. Ww

Mutnovunys,

Mar. 12, 13,

14; May 15.

Dixon €.J., Williams, 'Webb, Fullagar and 'Taylor JJ.

H. C. or A.