18 Apr 2011
SINOEARN INTERNATIONAL LTD v. HYUNDAI CCECC JOINT VENTURE (a firm)
- Citation
- SINOEARN INTERNATIONAL LTD v. HYUNDAI CCECC JOINT VENTURE (a firm)
- Court
- Court of First Instance
- Case number
- HCA3987/2003
The court held that a binding agreement existed from 14 July 2000 but it did not include any express or implied term obliging Defendant to dump the alleged fixed quantity; the written and subsequent 21/7 Agreement established a measurement contract with bathymetric survey-based measurement and payment by actual volume; the EPD refusal did not amount to frustration because compliance could have been achieved by obtaining required environmental assessment and Defendant voluntarily ceased efforts; accordingly Plaintiff's primary claim failed and Defendant's counterclaim for repayment based on ac…