FAL OIL CO. LTD. AND ANOTHER v. PETRONAS TRADING CORPORATION SDN BHD (THE “DEVON”) [2004] EWCA Civ 822

[2004] 2 Lloyd's Rep. 282

COURT OF APPEAL

Before Lord Justice Judge, Lord Justice Buxton and Lord Justice Mance

Sale of goods c. & f. - Cargo of high viscosity oil delivered to buyers by ship to ship transfer - Oil found to contain excessive quantity of water on discharge - Whether excess water was present in oil cargo at time of transfer to buyers - Whether buyers liable to pay demurrage under terms of sale contract.