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“Eternity” The Petroleum Oil and Gas Corporation Of South Africa (Pty) Ltd v FR8 Singapore Pte Ltd

19th Aug 2009

[2009] 1 Lloyds Rep 107; [2009] 1 All ER (Comm) 556

Gavin Kealey QC led Noel Casey for Shipowners in claim under Shelltime 4 form.

Charterparty (Voyage) – Gasoil and Mogas cargoes allegedly damaged by reason of failure to separate vapour phases from common inert gas line – Owners undertaking to operate inert gas system in accordance with IMO procedures – Whether obligation absolute or to use due diligence – Whether failure of crew to prevent segregation of vapour phases constituted act, neglect or default in the management of the vessel – Whether owners’ demurrage claim time-barred by reason of failure to provide pumping logs signed by terminal representative.