Zazulak v (t/a Stedco Precision & General Engineers) v Dickenson & Anor (t/a Asset & Finance Leasing) & Anor [2001] EWCA Civ 1786 (19 November, 2001)

Zazulak v (t/a Stedco Precision & General Engineers) v Dickenson & Anor (t/a Asset & Finance Leasing) & Anor [2001] EWCA Civ 1786 (19 November, 2001)

The application for permission to appeal was refused because the issues of entitlement to terminate the agreement and the adequacy of the sale price were either conceded or unsustainable on the evidence, and there was no realistic prospect of success on appeal.

Citation
[2001] EWCA Civ 1786
Parties
Claimant/applicant: Stefan Zazulak (T/A Stedco Precision & General Engineers); Defendants/respondents: JG Dickenson and SL Dickenson (T/A Asset & Finance Leasing); Defendant/respondent: B&W Machinery Installations Limited
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Leasing Agreement Termination, Repossession of Goods, Mitigation of Loss, Permission to Appeal
Contract Law Civil Procedure Leasing Agreement Termination Repossession of Goods Mitigation of Loss Permission to Appeal

Case Brief

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Parties

Stefan Zazulak (T/A Stedco Precision & General Engineers)

Claimant/applicant

JG Dickenson and SL Dickenson (T/A Asset & Finance Leasing)

Defendants/respondents

B&W Machinery Installations Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the defendants were entitled to terminate the leasing agreement and repossess the goods
  2. 2 Whether the goods were sold at an undervalue and if there was a failure to mitigate loss
  3. 3 Whether there is any realistic prospect of success on appeal

Ratio Decidendi

The application for permission to appeal was refused because the issues of entitlement to terminate the agreement and the adequacy of the sale price were either conceded or unsustainable on the evidence, and there was no realistic prospect of success on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • No adjournment granted