GEOQUIP MARINE OPERATIONS AG v TOWER RESOURCES CAMEROON SA AND ANOTHER

[2022] BLR Plus 20

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Peter MacDonald Eggers QC (Sitting as a Deputy Judge of the High Court)

Contract sum - Whether late invoice defeated right to be paid - Whether term a condition that made time of the essence - Estoppel by convention - Whether shared assumption sufficiently clear - Whether unequivocal communication that crossed the line - Estoppel by contract - Whether recitals went beyond statement of facts - Guarantee - Whether guarantee discharged by material variation to underlying contract