Contract – Frustration. The claimant transportation company's application for summary judgment failed, in a dispute concerning the transporting of units of refinery plant from China to Kazakhstan. The Commercial Court held that the defendant company's defence had a real prospect of success, and that the claim should not be struck out because the defendant's cross-claim would not operate as a defence by way of set-off. However, the court made a conditional order requiring Globalink to bring into court the sum of $113,000 as a condition of being able to defend the claim as to that sum.