GELDOF METAALCONSTRUCTIE NV v SIMON CARVES LTD

[2011] Lloyd's Rep Plus 28

COURT OF APPEAL

Before Lord Justice Maurice Kay, Lord Justice Rix and Lord Justice Patten

Contract - Equitable set-off - Relevant principles - Claimant subcontractor concluding contract with defendant main contractor to supply pressure vessels - Claimant concluding separate contract with defendant to install storage tanks - Claimant claiming unpaid instalment of price under supply contract - Defendant seeking to set-off cross-claim for unliquidated damages under installation contract - Whether claimant entitled to summary judgment on claim under supply contract - Whether defendant entitled to set off cross-claim under installation contract - Construction of contractual set-off clause in supply contract.