Thai Maparn Trading Co Ltd v Louis Dreyfus Commodities Asia Pte Ltd – QBD (Com Ct)(Beatson J) – 4 October 2011

Sale of goods – Sale of rice FOB – Buyers nominating carrying vessel but giving insufficient notice of vessel’s ETA – Sellers rejecting nomination – Whether buyers’ notice valid – Whether sellers’ rejection repudiatory – Damages – GAFTA Form 120

By two contracts of sale dated respectively 24 July 2009 and 13 August 2009 the claimant sellers agreed to sell a quantity of rice to the defendant buyers FOB Bangkok/Kohsichang on the terms of GAFTA Form 120. The two contracts were on materially the same terms save for the shipment period. In the first contract it was 1 February 2008 – 31 March 2008. In the second contract it was 1 March 2008 – 30 April 2008.