“… ground that, subject only to cl 32, the charterer'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 prov…”
“…ipments in issue. It is 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…”