5. The litigation history
The seller was presented by shipbroker A with an invoice for commission, amounting to NOK 3.2 million. When only NOK 1,344,000 was paid, the brokerage firm sent the seller a statutory demand for payment, resulting in the seller bringing a suit for compensation against both the brokerage firm and also the individual acting broker, based on their negligent handling of the undertaking. This initiated a countersuit by the shipbroker for non-payment of the commission.
The court of first instance decided in favour of the seller: the brokerage firm was ordered to pay NOK 14 million, and the court further required individual A to pay NOK 3 million; the counter suit failed. Both sides appealed, and this brings us to the decision of the Frostating Court of Appeal, which is final, cf. 1 above.