Aden Refinery Company v Gunvor SA [2019] EWHC 3555 (Comm) (18 December 2019)

Aden Refinery Company v Gunvor SA [2019] EWHC 3555 (Comm) (18 December 2019)

The contract did not provide for price to move with delivery; Energen did not have authority to bind Gunvor to variation; Gunvor entitled to damages for breach and demurrage, offsetting ARC's credit.

Citation
[2019] EWHC 3555 (Comm)
Parties
Claimant: Aden Refinery Company; Defendant/part 20 Defendant: Gunvor SA
Jurisdiction
England and Wales
Judgment Date
18 December 2019
Procedural Posture
Commercial Contract Dispute / Final Judgment After Trial
Outcome
ARC's claim for return of overpayment rejected except for admitted credit; Gunvor's counterclaims for market loss and demurrage allowed, offsetting ARC's credit.
Legal Topics
Sale of Goods, Contract Interpretation, Authority of Agent, Counterclaims, Interest
Commercial Law Contract Law Sale of Goods Contract Interpretation Authority of Agent Counterclaims Interest

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Parties

Aden Refinery Company

Claimant

Gunvor SA

Defendant/part 20 Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether contract price moved with delivery period
  2. 2 Whether Energen had authority to bind Gunvor to contract variation
  3. 3 Entitlement to damages and counterclaims for breach of contract

Ratio Decidendi

The contract did not provide for price to move with delivery; Energen did not have authority to bind Gunvor to variation; Gunvor entitled to damages for breach and demurrage, offsetting ARC's credit.

Court Disposition

ARC's claim for return of overpayment rejected except for admitted credit; Gunvor's counterclaims for market loss and demurrage allowed, offsetting ARC's credit.

Orders

  • ARC entitled to credit of US$786,505.08 for under-delivery
  • Gunvor entitled to market loss of US$418,034.94