GMAC Commercial Credit Development Ltd v Sandhu & Anor

GMAC Commercial Credit Development Ltd v Sandhu & Anor

Permission to amend pleadings for rectification of clause 13(b) is granted as the rectification plea has a real prospect of success; Defendants' construction points on the DOA and IDA are an abuse of process and are struck out; summary judgment is granted against Defendants on the listing point and existing obligations point; GMAC's applications for summary judgment on misrepresentation and misrepresentation by Kalvinder are dismissed as triable issues remain.

Parties
Claimant: GMAC Commercial Credit Development Limited; First Defendant: Kalvinder Singh Sandhu; Second Defendant: Kewal Singh Sandhu
Jurisdiction
England and Wales
Judgment Date
31 March 2004
Procedural Posture
Commercial Claim / Case Management Conference Ruling
Outcome
Permission to amend granted; certain defences struck out; summary judgment granted in part; summary judgment applications on misrepresentation dismissed; consequential orders to be determined.
Legal Topics
Rectification, Misrepresentation, Estoppel, Abuse of Process, Novation, Statute of Frauds, Summary Judgment
Contract Law Guarantee Law Equity Rectification Misrepresentation Estoppel Abuse of Process Novation +2 more

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Parties

GMAC Commercial Credit Development Limited

Claimant

Kalvinder Singh Sandhu

First Defendant

Kewal Singh Sandhu

Second Defendant

Procedural Posture

Commercial Claim / Case Management Conference Ruling

Legal Issues

  1. 1 Whether clause 13(b) of the Guarantees renders them unenforceable or void for uncertainty
  2. 2 Whether rectification of the Guarantees is permissible under the Statute of Frauds
  3. 3 Whether GMAC provided valid consideration for the Guarantees

Ratio Decidendi

Permission to amend pleadings for rectification of clause 13(b) is granted as the rectification plea has a real prospect of success; Defendants' construction points on the DOA and IDA are an abuse of process and are struck out; summary judgment is granted against Defendants on the listing point and existing obligations point; GMAC's applications for summary judgment on misrepresentation and misrepresentation by Kalvinder are dismissed as triable issues remain.

Court Disposition

Permission to amend granted; certain defences struck out; summary judgment granted in part; summary judgment applications on misrepresentation dismissed; consequential orders to be determined.

Orders

  • Permission to amend Particulars of Claim to plead rectification of clause 13(b) granted.
  • Defendants' Client/Notice point struck out as abuse of process.