The Laconian Confidence [1996]: any other cause and off-hire
Rix J's 1996 decision that 'any other cause' in the NYPE 1946 off-hire clause is read ejusdem generis, so a port authority detention left the ship on hire.
Andre & Cie SA v Orient Shipping (Rotterdam) BV (The Laconian Confidence) [1997] 1 Lloyd’s Rep 139 was decided by Rix J in the Commercial Court on 9 October 1996. The vessel, on an unamended NYPE 1946 form, was detained at Chittagong for nearly 18 days by the Bangladeshi authorities over 15.75 tonnes of residue sweepings left on board after discharge.
Rix J held that the sweep-up words ‘any other cause preventing the full working of the vessel’ are read ejusdem generis with the listed causes, all of which concern the physical condition or efficiency of the ship or her crew. An extraneous interference by the authorities, unconnected with the ship’s condition, fell outside them, and the vessel remained on hire. His observation that the word ‘whatsoever’, had it been added, would have widened the clause to extraneous causes was obiter and has been followed since.
The full article will cover the facts, the two-stage test the judgment set out, its relationship to The Mastro Giorgis and The Roachbank, and the position under NYPE 93 and NYPE 2015 , where the printed words are ‘any other similar cause’.