J M Sanderson & Ors v Hi Peak Property Ltd

J M Sanderson & Ors v Hi Peak Property Ltd

The cancellation of the association's registration did not extinguish the contractual rights; those rights are now held by the members, either as an unincorporated association or as joint owners, and the claim is properly constituted. The defendants are not entitled to strike out the claim or obtain summary judgment.

Parties
Claimant/respondent: J M Sanderson & Others; Defendant/appellant: Hi Peak Property Ltd
Jurisdiction
England and Wales
Judgment Date
27 June 2014
Procedural Posture
Civil Appeal / Appeal From District Judge's Order on Strike Out/summary Judgment Application
Outcome
Appeal dismissed
Legal Topics
Locus Standi, Dissolution of Associations, Industrial and Provident Societies, Strike Out Applications, Summary Judgment
Contract Law Company Law Locus Standi Dissolution of Associations Industrial and Provident Societies Strike Out Applications Summary Judgment

Case Brief

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Parties

J M Sanderson & Others

Claimant/respondent

Hi Peak Property Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From District Judge's Order on Strike Out/summary Judgment Application

Legal Issues

  1. 1 Whether the claimants have locus standi to assert contractual rights under three contracts after cancellation of the association's registration
  2. 2 Whether the claim should be struck out or summary judgment entered for the defendants

Ratio Decidendi

The cancellation of the association's registration did not extinguish the contractual rights; those rights are now held by the members, either as an unincorporated association or as joint owners, and the claim is properly constituted. The defendants are not entitled to strike out the claim or obtain summary judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; District Judge's order upheld