A. C. Toepfer International GmbH v. Nidera Handelscompagnie B.V. - N.S.W. Court of Appeal (Mahoney, Priestley and Handley JJ.A.) - 16 October 1990.

Sale of Goods f.o.b. - Vessel arrived in port within delivery period, but unable to berth within delivery period owing to congestion - Whether sellers entitled to rescind

Nidera (“the sellers”) contracted to sell to Toepfer (“the buyers”) 35,000 tonnes of barley on an f.o.b. basis. Nidera had itself contracted to buy the barley from Romak SA. The shipment period was to be April or May 1986, to be declared by buyers by 17 March 1986. The contract incorporated a standard form Bulk Barley FOB contract. The relevant provisions of the contract were as follows: