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PST Energy 7 Shipping & Product Shipping and Trading v OW Bunker Malta & ING Bank the Res Cognitans
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3. The “Res Cogitans” indicates that the Court hearing appeals on points of law from an arbitration award may determine facts not determined by the Tribunal, if those facts are necessary to decide the points of law before the Court. See paragraph 49 of the judgment.
Fn.1 The right to payment was assigned by OW Bunker Malta to ING Bank NV, and notice of assignment was duly given to the debtor. For the purposes of this note, OW Bunker Malta and ING Bank NV are one and the same.
Fn.2 S.49. Action for price.
(1) Where, under a contract of sale, the property in the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may maintain an action against him for the price of the goods.
(2) Where, under a contract of sale, the price is payable on a day certain irrespective of
