Contract – Construction. The Commercial Court found for the claimant company, Vitol, on liability in a dispute concerning a shipping contract. Among other things, on the facts of the case, where, to both parties' knowledge, the contracts could not and would not be performed by the defendant company, the condition precedent contended for by the defendant did not arise on a proper construction of the contracts. Consequently, the court found in favour of Vitol on liability and awarded it damages in the sum of US $351,830.25.