Under this approach, the determination of frustration of a contract inherently meant there could not be a dismissal under Rule 29.1.23 The Tribunal heard oral submissions on the AED on 16 December 2022. 15 Foot Note 15 × 3rd Applicant’s 1st affidavit, at pp 854 –1014 (2 CMB 863 –1023).
A/S v Partenreederei Hannah Blumenthal [1983] 1 AC 854 at 909). This is hardly the case here. As noted at [23] above, the defendants had not proven that their failure to procure the Bank Guarantee was attributable to extraneous events outside their control.
To adopt the words of Lord Greene in Brance v Cobarro [1947] KB 854 at p 858, `they realized the desirability of a formal document as many contracting parties do but they were determined that there should be no escape for either of them in that interim period between the signing of this document and the signature of a formal agreement`.27 ...
