Classic Maritime Inc v Limbungan Makmur Sdn Bhd and another company

Contract – Frustration. The claimant company's claim for damages concerning shipments of iron ore succeeded, where the parties had contracted for the defendant to ship ore from Brazil to Malaysia, but the shipments had been prevented by the bursting of a dam. The Commercial Court held that the first defendant could not rely on the contract of affreightment to excuse its failure to ship the cargoes between December 2015 and June 2016. However, the claimant was unable to recover substantial damages, as the compensatory principle debarred them.

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