HC Trading Malta Ltd v Savannah Cement Ltd

HC Trading Malta Ltd v Savannah Cement Ltd

The Claimant is entitled to summary judgment for US$4,696,712.04 for the price of Sale Contract shipments due to the Defendant's admitted liability and failure to open letters of credit as required by the Settlement Agreement. Demurrage claims, including those for Sale Contract shipments, fall within the Settlement Agreement's expert determination clause and must be resolved by that process, not litigation.

Parties
Claimant: HC Trading Malta Limited; Defendant: Savannah Cement Limited
Jurisdiction
England and Wales
Judgment Date
04 August 2020
Procedural Posture
Commercial Claim / Summary Judgment Application
Outcome
Claim succeeds in part. Summary judgment granted for shipment price. Demurrage claims stayed pending expert determination.
Legal Topics
Summary Judgment, Settlement Agreements, Letters of Credit, Demurrage, Expert Determination, Jurisdiction
Contract Law Commercial Law Summary Judgment Settlement Agreements Letters of Credit Demurrage Expert Determination Jurisdiction

Case Brief

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Parties

HC Trading Malta Limited

Claimant

Savannah Cement Limited

Defendant

Procedural Posture

Commercial Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether the Claimant is entitled to summary judgment for the price of Sale Contract shipments
  2. 2 Whether demurrage claims fall within the Settlement Agreement's expert determination clause
  3. 3 Whether the Defendant's failure to open letters of credit constitutes breach

Ratio Decidendi

The Claimant is entitled to summary judgment for US$4,696,712.04 for the price of Sale Contract shipments due to the Defendant's admitted liability and failure to open letters of credit as required by the Settlement Agreement. Demurrage claims, including those for Sale Contract shipments, fall within the Settlement Agreement's expert determination clause and must be resolved by that process, not litigation.

Court Disposition

Claim succeeds in part. Summary judgment granted for shipment price. Demurrage claims stayed pending expert determination.

Orders

  • Judgment for Claimant in sum of US$4,696,712.04 plus interest for Sale Contract shipment prices.
  • Declaration that demurrage claims for Sale Contract shipments fall within 'Historic Demurrage' and 'Historic Demurrage Dispute' under the Settlement Agreement.