Goldman Sachs International v Videocon Global Ltd & Anor

Goldman Sachs International v Videocon Global Ltd & Anor

A late but adequate notice under clause 6(d) of the ISDA Master Agreement is effective to make the sum claimed payable; lateness may found a claim for damages but does not bar payment. The claimant is entitled to summary judgment.

Parties
Claimant: Goldman Sachs International; Defendant: Videocon Global Limited; Defendant: Videocon Industries Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2014
Procedural Posture
Commercial / Summary Judgment Application
Outcome
Summary judgment granted for the claimant
Legal Topics
ISDA Master Agreement, Summary Judgment, Currency Swaps, Notice Requirements, Damages for Late Notice

Case Brief

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Parties

Goldman Sachs International

Claimant

Videocon Global Limited

Defendant

Videocon Industries Limited

Defendant

Procedural Posture

Commercial / Summary Judgment Application

  1. 1 Whether the claimant is entitled to summary judgment for sums due under the ISDA Master Agreement despite late provision of calculation details
  2. 2 Whether late provision of notice under clause 6(d) renders the sum claimed unpayable
  3. 3 Whether damages are available for late notice

Ratio Decidendi

A late but adequate notice under clause 6(d) of the ISDA Master Agreement is effective to make the sum claimed payable; lateness may found a claim for damages but does not bar payment. The claimant is entitled to summary judgment.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Claimant entitled to payment of US$4,066,542.90 plus interest and costs