Galaxy Energy International Ltd v Murco Petroleum Ltd

Galaxy Energy International Ltd v Murco Petroleum Ltd

The contract did not include the additional delivery wording; delivery was late; damages are to be assessed based on a spread of Platt’s prices reflecting market value at the date of breach.

Parties
Claimant: Galaxy Energy International Limited; Defendant: Murco Petroleum Limited
Jurisdiction
England and Wales
Judgment Date
27 November 2013
Procedural Posture
Commercial Claim / Judgment After Trial
Outcome
Claimant succeeds; damages to be assessed based on a spread of Platt’s prices.
Legal Topics
Sale of Goods, Late Delivery, Damages Assessment, Contractual Terms, Course of Dealing
Commercial Law Contract Law Sale of Goods Late Delivery Damages Assessment Contractual Terms Course of Dealing

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Parties

Galaxy Energy International Limited

Claimant

Murco Petroleum Limited

Defendant

Procedural Posture

Commercial Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the contract included an extension clause for delivery
  2. 2 Whether delivery period was a laytime provision or shipment deadline
  3. 3 Proper measure of damages for late delivery

Ratio Decidendi

The contract did not include the additional delivery wording; delivery was late; damages are to be assessed based on a spread of Platt’s prices reflecting market value at the date of breach.

Court Disposition

Claimant succeeds; damages to be assessed based on a spread of Platt’s prices.

Orders

  • Claimant to recover damages based on a spread of days of Platt’s prices.
  • Counsel to submit draft order and corrections before hand down.