Kiwak v Reiner

Kiwak v Reiner

No binding partnership or joint venture agreement was concluded between the claimant and the first defendant; the parties did not intend to be legally bound until a formal written agreement was executed, which never occurred. The sums advanced by the claimant were to be repaid, but he was not entitled to any proprietary or profit share in the property or company.

Parties
Claimant: Nison David Kiwak; First Defendant: Chaim Reiner; Second Defendant: CHMR Developments Limited
Jurisdiction
England and Wales
Judgment Date
29 November 2017
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed except for repayment of sums advanced
Legal Topics
Partnership Formation, Joint Venture Agreements, Constructive Trusts, Resulting Trusts, Restitution, Breach of Contract, Equitable Remedies
Contract Law Equity Trusts Partnership Formation Joint Venture Agreements Constructive Trusts Resulting Trusts Restitution +2 more

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Parties

Nison David Kiwak

Claimant

Chaim Reiner

First Defendant

CHMR Developments Limited

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether a binding partnership or joint venture agreement existed between the parties
  2. 2 Whether the claimant is entitled to a share in the property or profits
  3. 3 Whether a constructive or resulting trust arose in favour of the claimant

Ratio Decidendi

No binding partnership or joint venture agreement was concluded between the claimant and the first defendant; the parties did not intend to be legally bound until a formal written agreement was executed, which never occurred. The sums advanced by the claimant were to be repaid, but he was not entitled to any proprietary or profit share in the property or company.

Court Disposition

Claim dismissed except for repayment of sums advanced

Orders

  • Claimant entitled to return of monies advanced (£361,000)
  • No declaration of partnership or proprietary interest granted