Westbrook Resources Ltd v Globe Metallurgical Inc

Westbrook Resources Ltd v Globe Metallurgical Inc

Globe Metallurgical Inc. waived its right to insist on the original shipment date, and the trial judge was entitled to find that Westbrook had not disabled itself from performing the contract. The judge's assessment of damages and exclusion of late evidence were proper exercises of discretion. The appeal was dismissed on all grounds.

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 Quantum
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Damages Assessment, Waiver of Contractual Terms, Repudiation, Admissibility of Evidence
Contract Law Commercial Law Breach of Contract Damages Assessment Waiver of Contractual Terms Repudiation Admissibility of Evidence

Case Brief

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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 Quantum

Legal Issues

  1. 1 Whether Globe Metallurgical Inc. was entitled to treat the contract as discharged due to late shipment, alleged inability of Westbrook to perform, and alleged sale to third parties
  2. 2 Whether Westbrook had disabled itself from performing the contract by selling ore to others or lacking sufficient ore
  3. 3 Whether the trial judge erred in refusing to admit late expert evidence (Stagg report)

Ratio Decidendi

Globe Metallurgical Inc. waived its right to insist on the original shipment date, and the trial judge was entitled to find that Westbrook had not disabled itself from performing the contract. The judge's assessment of damages and exclusion of late evidence were proper exercises of discretion. 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