Westbrook Resources Ltd v Globe Metallurgical Inc [2009] EWCA Civ 310 (08 April 2009)

Westbrook Resources Ltd v Globe Metallurgical Inc [2009] EWCA Civ 310 (08 April 2009)

Globe Metallurgical Inc. had waived its right to insist on the original shipment date, and there was sufficient evidence to support the trial judge's findings that Westbrook Resources Limited could perform the contract and that the assessment of damages was correct. The appeal was dismissed on all grounds.

Citation
[2009] EWCA Civ 310
Parties
Claimant/respondent: Westbrook Resources Limited; Defendant/appellant: Globe Metallurgical Inc.
Jurisdiction
England and Wales
Judgment Date
08 April 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Liability and Damages
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Damages Assessment, Repudiation, Waiver of Contractual Terms, Variation of Contract, Admissibility of Evidence
Contract Law Commercial Law Breach of Contract Damages Assessment Repudiation Waiver of Contractual Terms Variation of Contract Admissibility of Evidence

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Parties

Westbrook Resources Limited

Claimant/respondent

Globe Metallurgical Inc.

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Liability and Damages

Legal Issues

  1. 1 Whether Globe Metallurgical Inc. was entitled to treat the contract as discharged for late shipment, inability to perform, or sale to third parties
  2. 2 Whether Westbrook Resources Limited had disabled itself from performing the contract
  3. 3 Whether the assessment of damages by the trial judge was correct

Ratio Decidendi

Globe Metallurgical Inc. had waived its right to insist on the original shipment date, and there was sufficient evidence to support the trial judge's findings that Westbrook Resources Limited could perform the contract and that the assessment of damages was correct. The appeal was dismissed on all grounds.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment for Westbrook Resources Limited stands; damages assessed at US$ 1,541,897.66 remain payable by Globe Metallurgical Inc.