- Cited — Sharp Corp Limited v Viterra BV (previously known as Glencore Agriculture BV) 2023-01-11
“…increase in value of the goods on the domestic market caused by the imposition of the import tariffs. The decision of the Supreme Court in Bunge SA v Nidera BV [2015] UKSC 43 [2015] 3 All E.R. 1082 [2015] 2 Lloyd's Rep. 469, on a GAFTA default clause in identical terms to that in clause 25 of GAFTA Contract 24, establishes the follo…”
- Cited — MDW Holdings Limited v James Robert Horvill & Ors. 2022-06-28
“…The Golden Victory was the subject of consideration by the Supreme Court in Bunge SA v Nidera SA [2015] UKSC 43, [2015] 3 All ER 1082 (“Bunge”). Lord Sumption, with whom Lords Neuberger, Mance and Clarke agreed, expressed his agreement with the principle seen in The Gold…”
- Cited — Classic Maritime Inc v Limbungan Makmur SDN BHD & Anor 2019-06-27
“…In Bunge SA v Nidera BV [2015] UKSC 43, [2015] 2 Lloyd’s Rep 469 there was a sale of Russian milling wheat on the terms of GAFTA 49, which included a prohibition of export clause providing for cance…”
- Applied — W Nagel (A Firm) v Pluczenik Diamond Company NV 2018-11-28
“…ns of House of Lords in Golden Strait Corp v Nippon Yusen Kubishika Kaisha (The “Golden Victory”) [2007] 2 AC 353 and the Supreme Court in Bunge SA v Nidera NV [2015] UKSC 43, [2015] Bus LR 987, it is now clear that this is not a rule of law but merely a rule of thumb which reflects the usual result in practice of applying the mitig…”
- Applied — Ehrentreu v IG Index Ltd (Rev 1) 2018-01-31
“…d have done in the circumstances. As for the respondent’s reliance before this Court on the principles articulated in the Supreme Court in Bunge SA v Nidera BV [2015] UKSC 43; [2015] 2 Lloyd’s Rep 469, Mr Wilkinson submitted that this was just another way of trying to apply the inappropriate approach in Galoo. Furthermore, he submit…”