Gamit Ltd v Saudi Arabian Airlines Corp & Anor

Gamit Ltd v Saudi Arabian Airlines Corp & Anor

Termination of the Engine Sub-Contract for non-payment discharged MTU from further performance obligations, including replacement of disputed parts. Purchase orders did not create independent contracts. Gamit did not acquire title to disputed parts as they were not surplus engine parts, and any claim for conversion fails. Damages claimed are too remote and not recoverable from MTU.

Parties
Claimant: Gamit Limited; First Defendant: Saudi Arabian Airlines Corporation; Second Defendant: MTU Maintenance Hannover GmbH
Jurisdiction
England and Wales
Judgment Date
18 April 2011
Procedural Posture
Commercial / Final Judgment
Outcome
Claim dismissed
Legal Topics
Repudiatory Breach, Termination of Contract, Conversion, Remoteness of Damages, Title to Goods

Case Brief

Summary, issues, holding and outcome

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Parties

Gamit Limited

Claimant

Saudi Arabian Airlines Corporation

First Defendant

MTU Maintenance Hannover GmbH

Second Defendant

Procedural Posture

Commercial / Final Judgment

  1. 1 Whether MTU was obliged to continue performance after termination of the Engine Sub-Contract
  2. 2 Whether MTU breached contract by reinstalling disputed parts
  3. 3 Whether Gamit had title to disputed parts

Ratio Decidendi

Termination of the Engine Sub-Contract for non-payment discharged MTU from further performance obligations, including replacement of disputed parts. Purchase orders did not create independent contracts. Gamit did not acquire title to disputed parts as they were not surplus engine parts, and any claim for conversion fails. Damages claimed are too remote and not recoverable from MTU.

Court Disposition

Claim dismissed