The appellant appealed a trial judgment finding it had repudiated a contract for the manufacture of four moulds by failing to pay the contract price.
The trial judge awarded the respondent the unpaid price and damages for breach of contract.
On appeal, the Court of Appeal upheld the trial judge's factual findings regarding payment terms, delivery, and the respondent's right to withhold the moulds.
However, the Court allowed the appeal solely on the issue of a 5% discount included in the contract price, finding that the discount was not linked to payment and the appellant's breach did not negate it.
The appeal was otherwise dismissed, with costs awarded to the respondent.
