Delivery Hero SE v Mastercard Asia/Pacific Pte Ltd

Delivery Hero SE v Mastercard Asia/Pacific Pte Ltd

Delivery Hero’s right to the Sign-On Bonus accrued at the Commencement Date or, at the latest, upon submission of a valid Payment Request, and was not conditional on absence of material breach or other events post-Commencement Date. The CBA provided an exclusive and limited regime for clawback, which was not engaged. Mastercard could not impose additional requirements for Payment Requests not found in the CBA. Interest is awarded at US Prime plus 1% from 45 days after the earliest valid Payment Request.

Parties
Claimant/applicant: Delivery Hero SE; Defendant/respondent: Mastercard Asia/Pacific Pte Ltd
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Commercial Contract Dispute / Summary Judgment Application
Outcome
Summary judgment for the Claimant
Legal Topics
Accrued Rights on Termination, Summary Judgment, Interpretation of Payment Clauses, Clawback Provisions, Unjust Enrichment
Contract Law Commercial Law Accrued Rights on Termination Summary Judgment Interpretation of Payment Clauses Clawback Provisions Unjust Enrichment

Case Brief

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Parties

Delivery Hero SE

Claimant/applicant

Mastercard Asia/Pacific Pte Ltd

Defendant/respondent

Procedural Posture

Commercial Contract Dispute / Summary Judgment Application

Legal Issues

  1. 1 When does the right to the Sign-On Bonus accrue under the CBA?
  2. 2 Is the Sign-On Bonus conditional on absence of material breach?
  3. 3 Does a total failure of consideration or unjust enrichment provide a defence to payment?

Ratio Decidendi

Delivery Hero’s right to the Sign-On Bonus accrued at the Commencement Date or, at the latest, upon submission of a valid Payment Request, and was not conditional on absence of material breach or other events post-Commencement Date. The CBA provided an exclusive and limited regime for clawback, which was not engaged. Mastercard could not impose additional requirements for Payment Requests not found in the CBA. Interest is awarded at US Prime plus 1% from 45 days after the earliest valid Payment Request.

Court Disposition

Summary judgment for the Claimant

Orders

  • Mastercard to pay Delivery Hero the Sign-On Bonus of USD 40,000,000
  • Mastercard to pay interest in the sum of USD 3,583,013.70 at US Prime plus 1% from 45 days after 14 April 2022