Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

TENAX STEAMSHIP CO. LTD. v. THE "BRIMNES" (OWNERS) (THE "BRIMNES")

[1972] 2 Lloyd's Rep. 465

QUEEN'S BENCH DIVISION(ADMIRALTY COURT)

Before Mr. Justice Brandon

Charter-party (time) - Hire - Withdrawal of vessel by shipowners for non-payment - Whether payment made by charterers before withdrawal - Effect of order to bank to pay - Effect of withdrawal by telex - Whether right to withdraw waived - Whether new contract arose - "Payment to be made in cash". - "Otherwise failing punctual and regular payment owners shall be at liberty to withdraw". Banking - Transfer order - Whether receipt of order analogous to receipt of cheque.

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