Petroplus Marketing AG v Shell Trading International Ltd [2009] EWHC 1024 (Comm) (14 May 2009)

Petroplus Marketing AG v Shell Trading International Ltd [2009] EWHC 1024 (Comm) (14 May 2009)

The contract's pricing and payment provisions require payment by reference to the bill of lading date, regardless of late delivery, and preclude deduction or set-off for alleged breaches. No valid variation or estoppel was established. Summary judgment is granted to Petroplus.

Source-derived case information.

Citation
[2009] EWHC 1024 (Comm)
Parties
Claimant: Petroplus Marketing AG; Defendant: Shell Trading International Ltd.
Jurisdiction
England and Wales
Judgment Date
14 May 2009
Procedural Posture
Commercial Contract Dispute / Summary Judgment Application
Outcome
Summary judgment granted to Petroplus.
Legal Topics
Variation of Contract, Estoppel, Payment Provisions, Implied Terms, Set Off and Counterclaim
Contract Law Commercial Law Variation of Contract Estoppel Payment Provisions Implied Terms Set Off and Counterclaim

Source-derived case record

Summary, issues, holding and outcome

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Parties

Petroplus Marketing AG

Claimant

Shell Trading International Ltd.

Defendant

Procedural Posture

Commercial Contract Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether the pricing provision in the contract was validly varied
  2. 2 Whether Petroplus is estopped from denying the variation
  3. 3 Whether Petroplus can claim a price calculated by reference to the bill of lading date despite late delivery

Ratio Decidendi

The contract's pricing and payment provisions require payment by reference to the bill of lading date, regardless of late delivery, and preclude deduction or set-off for alleged breaches. No valid variation or estoppel was established. Summary judgment is granted to Petroplus.

Court Disposition

Summary judgment granted to Petroplus.

Orders

  • Petroplus entitled to summary judgment for US$2,024,490.34 plus interest.
  • Directions to be made for trial of Shell's counterclaim.