Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2018] EWHC 2977 (Comm) (09 November 2018)

Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2018] EWHC 2977 (Comm) (09 November 2018)

The defendant's alleged defences based on the prevention principle and estoppel by convention have no real prospect of success because the contract expressly provides that the seller's repayment obligations are unaffected by any breach by the buyer, and there is no enforceable common assumption obliging the buyer to...

Source-derived case information.

Citation
[2018] EWHC 2977 (Comm)
Parties
Claimant: Cargill International Trading Pte Ltd; Defendant: Uttam Galva Steels Limited
Jurisdiction
England and Wales
Judgment Date
09 November 2018
Procedural Posture
Commercial Claim (summary Judgment Application) / Summary Judgment
Outcome
Summary judgment granted for the claimant.
Legal Topics
Summary Judgment, Advance Payment Agreements, No Set Off Clauses, Estoppel by Convention, Prevention Principle
Commercial Law Contract Law Summary Judgment Advance Payment Agreements No Set Off Clauses Estoppel by Convention Prevention Principle

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Parties

Cargill International Trading Pte Ltd

Claimant

Uttam Galva Steels Limited

Defendant

Procedural Posture

Commercial Claim (summary Judgment Application) / Summary Judgment

Legal Issues

  1. 1 Whether the defendant has a real prospect of defending the claim for repayment under advance payment and steel supply agreements
  2. 2 Whether the prevention principle or estoppel by convention provide a valid defence to the claim

Ratio Decidendi

The defendant's alleged defences based on the prevention principle and estoppel by convention have no real prospect of success because the contract expressly provides that the seller's repayment obligations are unaffected by any breach by the buyer, and there is no enforceable common assumption obliging the buyer to renew the facility. Therefore, summary judgment is appropriate.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Defendant to pay US$61.8 million to the claimant; interest to be determined separately.