G & A Properties (UK) Ltd v Rolland

G & A Properties (UK) Ltd v Rolland

The contract between G & A Properties (UK) Ltd and Teresa Rolland was formed by the transfer of £50,000 by Ms Rolland to G & A on 19th August 2009, with terms substantially as contained in the written AIA provided to Ms Rolland, and not including the oral agreement or additional terms contended for by G & A. The joint venture claim was abandoned and, in any event, would have been rejected.

Parties
Claimant: G & A Properties (UK) Ltd; First Defendant: Teresa Rolland; Second Defendant: Kenneth John Ranns
Jurisdiction
England and Wales
Judgment Date
23 January 2015
Procedural Posture
Civil / Judgment on Preliminary Issues
Outcome
Preliminary issues determined; contract found, joint venture claim abandoned/rejected; terms of contract as per written AIA with specific findings on disputed clauses.
Legal Topics
Formation of Contract, Terms of Contract, Armchair Investment Agreements, Secured Loan Agreements
Contract Law Formation of Contract Terms of Contract Armchair Investment Agreements Secured Loan Agreements

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Parties

G & A Properties (UK) Ltd

Claimant

Teresa Rolland

First Defendant

Kenneth John Ranns

Second Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether a contract or joint venture existed between G & A Properties (UK) Ltd and Teresa Rolland
  2. 2 If so, what were the terms of the contract or joint venture

Ratio Decidendi

The contract between G & A Properties (UK) Ltd and Teresa Rolland was formed by the transfer of £50,000 by Ms Rolland to G & A on 19th August 2009, with terms substantially as contained in the written AIA provided to Ms Rolland, and not including the oral agreement or additional terms contended for by G & A. The joint venture claim was abandoned and, in any event, would have been rejected.

Court Disposition

Preliminary issues determined; contract found, joint venture claim abandoned/rejected; terms of contract as per written AIA with specific findings on disputed clauses.

Orders

  • Agreement formed by payment of £50,000 on 19th August 2009.
  • Terms of contract as per written AIA provided to Ms Rolland.