“Kriti Rex” Fyffes Group Ltd. and Caribbean Gold Ltd. –v- Reefer Express Lines Pty. Ltd. and Reefkrit Shipping Inc.

S J Phillips QC

[1996] 2 Lloyd’s Rep. 171

Stephen Phillips acted in this Carriage of goods by sea matter – unseaworthiness – main engine breakdown – Hague-Visby Rules – causation and remoteness of damage

Contract of affreightment – Breach – Damages – Contract for carriage of bananas – Vessel suffered engine failure – Failure to tender vessels for loading – Whether vessel unseaworthy – Whether time charterers in breach of art. III, r. 1 of Hague-Visby Rules – Whether time charterers in breach of implied obligation to proceed with all despatch – Issues as to remoteness of damages, causation, mitigation and quantum.

Bill of lading – Non-delivery – Damages – Contract for carriage of bananas – Vessel suffered engine failure – Failure to deliver goods at destination – Bill of lading holders claimed damages from shipowners – Issues as to remoteness of damages, causation, mitigation and quantum.

Contribution proceedings – Indemnity – Liability to sub-charterers – Contract for carriage of bananas – Vessel suffered engine failure – Failure to tender vessel for loading and failure to deliver goods at destination – Whether time charterers entitled to be indemnified by shipowners against time charterers’ liability to sub-charterers – Issues as to remoteness and mitigation.

Date added: May 8th, 1996


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