Gee v Gee & Anor

Gee v Gee & Anor

The second defendant's obligation to transfer shares is not conditional on the claimant's cooperation with holdover relief. The second defendant has breached the order by failing to deliver the executed stock transfer form. The court will order the second defendant to execute and deliver the form within seven days, failing which a third party is authorised to execute it under section 39 of the Senior Courts Act 1981.

Parties
Claimant: John Michael Gee; First Defendant: John Richard Gee; Second Defendant: Robert Gee
Jurisdiction
England and Wales
Judgment Date
13 July 2020
Procedural Posture
Civil Chancery (property, Trusts and Probate) / Post Judgment Enforcement Application
Outcome
Application granted in part
Legal Topics
Proprietary Estoppel, Share Transfer, Capital Gains Tax, Enforcement of Judgments, Section 39 Senior Courts Act 1981
Equity Property Law Company Law Tax Law Proprietary Estoppel Share Transfer Capital Gains Tax Enforcement of Judgments +1 more

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Parties

John Michael Gee

Claimant

John Richard Gee

First Defendant

Robert Gee

Second Defendant

Procedural Posture

Civil Chancery (property, Trusts and Probate) / Post Judgment Enforcement Application

Legal Issues

  1. 1 Whether the second defendant's obligation to transfer shares is conditional on the claimant's cooperation in applying for holdover relief for capital gains tax
  2. 2 Whether the court should order execution of the stock transfer form by a third party under section 39 of the Senior Courts Act 1981
  3. 3 Whether further orders should be made regarding the company's books and registration of the share transfer

Ratio Decidendi

The second defendant's obligation to transfer shares is not conditional on the claimant's cooperation with holdover relief. The second defendant has breached the order by failing to deliver the executed stock transfer form. The court will order the second defendant to execute and deliver the form within seven days, failing which a third party is authorised to execute it under section 39 of the Senior Courts Act 1981.

Court Disposition

Application granted in part

Orders

  • Second defendant to deliver to the claimant a signed stock transfer form for 12,480 shares within seven days
  • Failing compliance, Pamela Humphrey is authorised to execute the transfer under section 39 of the Senior Courts Act 1981