Log-O-Mar AG v Craft Enterprises International Ltd & Ors

Log-O-Mar AG v Craft Enterprises International Ltd & Ors

The court found, on the balance of probabilities, that the rogue 12mm d-bars originated from the Nordsund cargo, for which Log-o-Mar was responsible. Log-o-Mar's actions in treating the contract as discharged and diverting the vessel constituted a repudiatory breach, disentitling it from further payment under the settlement agreement. Craft is entitled to damages to be assessed.

Parties
Claimant: Log-o-Mar A.G.; Defendant: Craft Enterprises International Limited; Defendant: Croyndon Financial Limited
Jurisdiction
England and Wales
Judgment Date
27 July 2004
Procedural Posture
Commercial / Judgment After Trial
Outcome
Claim dismissed; counterclaim succeeds
Legal Topics
Repudiatory Breach, Settlement Agreement, Carriage of Goods by Sea, Damages Assessment
Contract Law Commercial Law Shipping Law Repudiatory Breach Settlement Agreement Carriage of Goods by Sea Damages Assessment

Case Brief

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Parties

Log-o-Mar A.G.

Claimant

Craft Enterprises International Limited

Defendant

Croyndon Financial Limited

Defendant

Procedural Posture

Commercial / Judgment After Trial

Legal Issues

  1. 1 Whether Log-o-Mar or Craft was in repudiatory breach of the settlement agreement
  2. 2 Provenance of defective (rogue) 12mm d-bars
  3. 3 Entitlement to payment under the settlement agreement after repudiation

Ratio Decidendi

The court found, on the balance of probabilities, that the rogue 12mm d-bars originated from the Nordsund cargo, for which Log-o-Mar was responsible. Log-o-Mar's actions in treating the contract as discharged and diverting the vessel constituted a repudiatory breach, disentitling it from further payment under the settlement agreement. Craft is entitled to damages to be assessed.

Court Disposition

Claim dismissed; counterclaim succeeds

Orders

  • Log-o-Mar's claim is dismissed.
  • Craft is entitled to judgment on its counterclaim for damages to be assessed.