PT Berlian Laju Tanker TBK & Anor v Nuse Shipping Ltd

PT Berlian Laju Tanker TBK & Anor v Nuse Shipping Ltd

The Buyers were obliged to pay the full purchase price, including the 10% deposit, at the Sellers' nominated bank in Greece. The MOA superseded the Recap, and there was no basis for rectification. The obligation to pay in Greece was a condition of the contract, and the Buyers' refusal constituted anticipatory repudiatory breach entitling the Sellers to terminate and forfeit the deposit.

Parties
Claimant: PT Berlian Laju Tanker TBK; Claimant: Brotojoyo Maritime Pte Ltd; Defendant: Nuse Shipping Ltd
Jurisdiction
England and Wales
Judgment Date
16 June 2008
Procedural Posture
Commercial Contract Appeal (arbitration) / Judgment on Appeal From Arbitral Award
Outcome
Appeal dismissed
Legal Topics
Rectification of Contract, Interpretation of Contract Terms, Conditions and Innominate Terms, Payment Obligations in Sale of Goods, Supersession of Prior Agreements
Commercial Law Arbitration Contract Law Rectification of Contract Interpretation of Contract Terms Conditions and Innominate Terms Payment Obligations in Sale of Goods Supersession of Prior Agreements

Case Brief

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Parties

PT Berlian Laju Tanker TBK

Claimant

Brotojoyo Maritime Pte Ltd

Claimant

Nuse Shipping Ltd

Defendant

Procedural Posture

Commercial Contract Appeal (arbitration) / Judgment on Appeal From Arbitral Award

Legal Issues

  1. 1 Whether the Buyers were obliged to pay the full purchase price in Greece or could pay 10% by release of deposit in Singapore
  2. 2 Whether the MOA should be rectified to reflect the Recap agreement
  3. 3 Whether the obligation to pay in Greece was a condition or an innominate term

Ratio Decidendi

The Buyers were obliged to pay the full purchase price, including the 10% deposit, at the Sellers' nominated bank in Greece. The MOA superseded the Recap, and there was no basis for rectification. The obligation to pay in Greece was a condition of the contract, and the Buyers' refusal constituted anticipatory repudiatory breach entitling the Sellers to terminate and forfeit the deposit.

Court Disposition

Appeal dismissed

Orders

  • Buyers' appeal is dismissed
  • Arbitral award stands: Sellers entitled to forfeit the deposit