In Brief
A power generation company entered into a Power Purchase Agreement (PPA) with an electricity distribution company but later sought to terminate it following what it claimed were payment defaults. The company sent a letter specifying defaults but did not explicitly call the distributor to remedy them within 30 days as required by PPA Clause 9.3.2, then issued a termination notice. The Supreme Court held that the letter was an invalid default notice because it lacked the mandatory requirement to call for remedy within the specified period. Both components of the clause—specifying the default and demanding remedy—are essential and cannot be substantially complied with by omitting either. The appeal was dismissed.
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