Geoquip Marine Operations AG v Tower Resources Cameroon SA & Anor [2023] EWCA Civ 304 (21 March 2023)

Geoquip Marine Operations AG v Tower Resources Cameroon SA & Anor [2023] EWCA Civ 304 (21 March 2023)

Following waiver of the condition precedent, Tower remained obliged to secure the licence extension and provide security. Clause 4.5 applied to delays caused by Tower's failure to provide required services, facilities, or permits, entitling Geoquip to standby charges. The existence of concurrent causes of delay, all attributable to Tower, did not preclude recovery under clause 4.5.

Citation
[2023] EWCA Civ 304
Parties
Claimant/appellant: Geoquip Marine Operations AG; Defendant/respondent: Tower Resources Cameroon SA; Defendant/respondent: Tower Resources PLC
Jurisdiction
England and Wales
Judgment Date
21 March 2023
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part; Geoquip awarded standby charges; permission to amend notice of appeal refused.
Legal Topics
Contractual Interpretation, Waiver of Condition Precedent, Causation in Contract, Standby Charges, Concurrent Causes, Remedies for Breach of Contract
Contract Law Commercial Law Contractual Interpretation Waiver of Condition Precedent Causation in Contract Standby Charges Concurrent Causes Remedies for Breach of Contract

Case Brief

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Parties

Geoquip Marine Operations AG

Claimant/appellant

Tower Resources Cameroon SA

Defendant/respondent

Tower Resources PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Geoquip was entitled to standby charges under clause 4.5 of the contract for delays caused by Tower's failure to secure a licence extension and provide security
  2. 2 Whether the contract's condition precedent was waived, allowing clause 4.5 to apply
  3. 3 Whether the judge erred in finding that concurrent causes of delay precluded recovery of standby charges

Ratio Decidendi

Following waiver of the condition precedent, Tower remained obliged to secure the licence extension and provide security. Clause 4.5 applied to delays caused by Tower's failure to provide required services, facilities, or permits, entitling Geoquip to standby charges. The existence of concurrent causes of delay, all attributable to Tower, did not preclude recovery under clause 4.5.

Court Disposition

Appeal allowed in part; Geoquip awarded standby charges; permission to amend notice of appeal refused.

Orders

  • Geoquip awarded US$1,619,541.69 in standby charges against Tower.
  • Permission to amend appellant's notice refused.