Wilmar Oleo Pte Ltd v Vinmar Chemicals and Polymers BV (Rev 1)

Wilmar Oleo Pte Ltd v Vinmar Chemicals and Polymers BV (Rev 1)

Wilmar's claim succeeds because the court found on the balance of probabilities that the cargo met the contractual water content specification and there was no binding contractual term requiring a mutually agreed surveyor's findings to be final. Vinmar was not entitled to reject the cargo or refuse performance.

Source-derived case information.

Parties
Claimant: Wilmar Oleo Pte Ltd; Defendant: Vinmar Chemicals and Polymers BV
Jurisdiction
England and Wales
Judgment Date
29 July 2011
Procedural Posture
Commercial Contract Dispute / Final Judgment After Trial
Outcome
Claim allowed
Legal Topics
Sale of Goods, Biofuel Trading, Contractual Interpretation, Damages for Non Performance
Commercial Law Contract Law Sale of Goods Biofuel Trading Contractual Interpretation Damages for Non Performance

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Summary, issues, holding and outcome

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Parties

Wilmar Oleo Pte Ltd

Claimant

Vinmar Chemicals and Polymers BV

Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether the cargo supplied met the contractual specification for water content
  2. 2 Whether the findings of a mutually agreed load port surveyor were binding
  3. 3 Whether the defendant was entitled to reject the cargo and refuse performance

Ratio Decidendi

Wilmar's claim succeeds because the court found on the balance of probabilities that the cargo met the contractual water content specification and there was no binding contractual term requiring a mutually agreed surveyor's findings to be final. Vinmar was not entitled to reject the cargo or refuse performance.

Court Disposition

Claim allowed

Orders

  • Judgment for Wilmar Oleo Pte Ltd for the January 2009 shipment
  • Vinmar Chemicals and Polymers BV to pay damages in the sum of $643,110