The plaintiff entered into an agreement to supply sugar to the defendant under which the defendant was responsible for marketing and selling that sugar and the plaintiff was paid a price accordingly. The plaintiff brought an action for pure economic loss against the defendant for breach of contract and negligence for failing to take reasonable care in managing production risk in a sugar season heavily interrupted by wet weather. Issues considered in the matter included whether the defendant owed the pleaded duties and whether the duty was breached in the circumstances.
David Chesterman (with M Stewart QC) appeared on behalf of the plaintiff, instructed by Russells.
The judgment is available here.