“…'s obligation to supply cargoes was an absolute obligation (see Triton Navigation Ltd v Vitol SA, The Nikmary [2003] EWCA Civ 1715, [2004] 1 All ER (Comm) 698, [2004] 1 Lloyd’s Rep 55). Thus the performance to which the shipowner was entitled, once it was determined that cl 32 did not provide the charterer with a defence, was the supply of c…”
“…s common ground that, subject only to clause 32, the charterer’s obligation to supply cargoes was an absolute obligation (see The Nikmary [2003] EWCA Civ 1715, [2004] 1 Lloyd’s Rep 55). Thus the performance to which the shipowner was entitled, once it was determined that clause 32 did not provide the charterer with a defence, was the supply …”