MT “Cape Bonny” Tankschiffahrts GMBH & Co KG v Ping an Property and Casualty Insurance Company of China Ltd, Beijing Branch

Shipping – General average. The general average expenditure incurred by the owner of a vessel had been due to an actionable fault in the vessel. The failure to exercise due diligence in taking the appropriate measurements had meant that indications of abnormal wear had not been revealed, which would have necessitated a repair to the vessel. The Commercial Court held that, consequently, the cargo interests were not liable to make a general average contribution, and the claim against the defendant insurer of the vessel was dismissed.

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