Nobiskrug GmbH v Valla Yachts Ltd [2019] EWHC 1219 (Comm) (14 May 2019)

Nobiskrug GmbH v Valla Yachts Ltd [2019] EWHC 1219 (Comm) (14 May 2019)

The Tribunal did not determine that Valla Yachts was entitled to recover payments solely on the basis of reservation of rights; entitlement depends on whether Nobiskrug was contractually obliged to make the payments or unjust enrichment is established. The Tribunal's findings on causation and unjust enrichment were incomplete, requiring remission for further consideration.

Citation
[2019] EWHC 1219 (Comm)
Parties
Claimant/builder: Nobiskrug GmbH; Defendant/purchaser: Valla Yachts Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2019
Procedural Posture
Arbitration Appeal / Appeal Under Section 69 Arbitration Act 1996
Outcome
Appeal allowed; issues remitted to Tribunal for further consideration.
Legal Topics
Restitution, Project Management Obligations, Unjust Enrichment, Interpretation of Construction Contracts, Damages for Breach of Contract
Arbitration Commercial Law Contract Law Restitution Project Management Obligations Unjust Enrichment Interpretation of Construction Contracts Damages for Breach of Contract

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Parties

Nobiskrug GmbH

Claimant/builder

Valla Yachts Limited

Defendant/purchaser

Procedural Posture

Arbitration Appeal / Appeal Under Section 69 Arbitration Act 1996

Legal Issues

  1. 1 Whether payments made by the Purchaser to Suppliers can be recovered from the Builder in restitution when the Builder was not legally liable to make those payments
  2. 2 Whether reservation of rights by Purchaser entitles recovery of sums paid to Suppliers
  3. 3 Whether Builder breached project management obligations under the Agreement

Ratio Decidendi

The Tribunal did not determine that Valla Yachts was entitled to recover payments solely on the basis of reservation of rights; entitlement depends on whether Nobiskrug was contractually obliged to make the payments or unjust enrichment is established. The Tribunal's findings on causation and unjust enrichment were incomplete, requiring remission for further consideration.

Court Disposition

Appeal allowed; issues remitted to Tribunal for further consideration.

Orders

  • Issues of unjust enrichment and damages remitted to Tribunal for further consideration.