Parbulk II A/S v Heritage Maritime Ltd. SA
David Lewis acted for the Owners of the Mahakam in successfully resisting a s. 69 appeal by the Charterers against an award of US$27 million for wrongful early repudiation of a bareboat charter. The Charterers (represented by David Joseph QC) argued, in reliance upon an alleged principle of landlord and tenant law, that a demand for hire under a bareboat charter amounts to an automatic waiver at law of any accrued rights to terminate. While giving judgment for the Owners, Eder J also gave guidance on the proper approach for respondents to s. 69 appeals who wish an award to be upheld for reasons not expressed (or not fully expressed) in the award.
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