NGM Sustainable Developments Ltd v Wallis & Ors

NGM Sustainable Developments Ltd v Wallis & Ors

The application was refused because the judge correctly understood the pleaded case, found no evidence of dishonest misrepresentation, and the claim failed on the facts, not due to any procedural error.

Parties
Claimant/appellant: NGM Sustainable Developments Limited; Defendant/respondent: Phillip Wallis; Defendant/respondent: Lizzano Limited; Defendant/respondent: Cascina Limited; Defendant/respondent: Kevin Reardon; Defendant/respondent: Hydro Properties Limited; Defendant/respondent: Hydro Properties Holdings Limited
Jurisdiction
England and Wales
Judgment Date
17 May 2016
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Fraudulent Misrepresentation, Pleadings, Damages, Rescission
Contract Law Tort Law Fraudulent Misrepresentation Pleadings Damages Rescission

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Parties

NGM Sustainable Developments Limited

Claimant/appellant

Phillip Wallis

Defendant/respondent

Lizzano Limited

Defendant/respondent

Cascina Limited

Defendant/respondent

Kevin Reardon

Defendant/respondent

Hydro Properties Limited

Defendant/respondent

Hydro Properties Holdings Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge misunderstood the claimant's pleaded case on misrepresentation
  2. 2 Whether the defendants made fraudulent misrepresentations regarding intention to provide long-term funding in accordance with the Side Letter
  3. 3 Whether the claim failed on the facts or due to a procedural error

Ratio Decidendi

The application was refused because the judge correctly understood the pleaded case, found no evidence of dishonest misrepresentation, and the claim failed on the facts, not due to any procedural error.

Court Disposition

Application for permission to appeal refused