DCC 170/1998

This case involved a contract dispute over equipment which had been delayed in its supply because it was initially faulty but it had been repaired by the claimant a delivered later. The full payment for the goods had not been made. It was stated where a party refrains from carrying out its obligations under contract, the other party may withhold performance until it is ready to carry out its obligations. The defendant had the right to withhold payment due to the delay in supply.

Background