BP Oil International Ltd v Target Shipping Ltd (The “Target”) – QBD (Comm. Ct.), 14 Jun 2012

BPVOY 4 -- REASONABLE OVERAGE FREIGHT -- EXCESS FREIGHT PAID -- RECOVERY OF OVERPAYMENT -- MISTAKE AT LAW -- Partial Charterer Award Charterer sought to recover a million dollars of excess freight paid on the Owner’s purportedly miscalculated invoice. At issue is whether freight overage applies for cargo carried in excess of the minimum volume stipulated when the additional port/region was not named in the Overage Section of the contract; and, whether the difference between the amount paid and the correct amount is recoverable at law as a payment made under a mistake.