A shipbuilder had contracted to build a tanker for North Ocean Tankers. The contract was in US dollars and

didn’t contain any provisions for currency fluctuations. Approximately halfway through construction of the ship, the United States devalued its currency by 10 per cent. As the shipbuilder stood to make a loss on the contract, it demanded that an extra US$3 million be paid or it would stop work. The buyer reluctantly agreed under protest to pay, as he already had a charter for the tanker and it was essential that it be delivered on time. The buyer didn’t commence action to recover the excess payment until some nine months after delivery. Will the buyer succeed in recovering the excess?

plz can anyone help me with this question?

i know it is case of doctrine of frustration. i just want to know most relevant australian case study to prove this also what I think answer is buyer will succeed in recovering because there was nothing mentioned in the contract related to Chang of currency I want confirmation.

also is clam possible after nine month?

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