Alize 1954 and Another v. Allianz Elementar Versicherungs AG and Others (The “CMA CGM Libra”) – QBD (Comm Ct), 8 March 2019

GENERAL AVERAGE – WHETHER VESSEL WAS UNSEAWORTHY – OBLIGATION TO EXERCISE DUE DILIGENCE – WHETHER PASSAGE PLAN WAS DEFECTIVECargo interests refused to contribute to general average after the Vessel was grounded. It claimed the grounding was the result of the Owner’s failure to exercise due diligence in providing a seaworthy vessel. When the container vessel CMA CGM LIBRA (hereinafter, “Vessel”) was grounded whilst departing the port of Xiamen, China the cargo interests denied contribution to general average due to the cause of the grounding. The Owner stated that the grounding occurred as a result of an uncharted shoal. It was the...