Morshead Mansions Ltd v Mactra Properties Ltd

Morshead Mansions Ltd v Mactra Properties Ltd

The consent order settled all claims between the parties as landlord and tenant up to 1999, including the discretionary allowance, but did not preclude MML from making a future call for shareholder contributions under Article 16, as such claims were not within the scope of the compromise or expressly released.

Parties
Claimant/applicant: Morshead Mansions Ltd; Defendant/respondent: Mactra Properties Ltd
Jurisdiction
England and Wales
Judgment Date
03 April 2006
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Construction of Consent Orders, Shareholder Contributions, Service Charges, Compromise Agreements
Company Law Landlord and Tenant Law Construction of Consent Orders Shareholder Contributions Service Charges Compromise Agreements

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Parties

Morshead Mansions Ltd

Claimant/applicant

Mactra Properties Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal

Legal Issues

  1. 1 Whether a consent order settling landlord and tenant claims precludes a future claim for shareholder contributions under Article 16 of the company's Articles of Association.

Ratio Decidendi

The consent order settled all claims between the parties as landlord and tenant up to 1999, including the discretionary allowance, but did not preclude MML from making a future call for shareholder contributions under Article 16, as such claims were not within the scope of the compromise or expressly released.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.