Ronnie Ambimbola Decker & Anor v International Medical Supplies Limited

Ronnie Ambimbola Decker & Anor v International Medical Supplies Limited

Mr. Decker failed to show a real prospect of successfully defending liability for breach of warranty of authority, as there was insufficient evidence of actual or ostensible authority or estoppel, and the board resolution was limited and not shown to the claimant before the agreement. However, he demonstrated a real prospect of defending quantum, as damages may be limited to the value of security that could have been obtained, not the full debt. The delay in making the application was borderline but not egregious, and there was a plausible explanation for non-receipt of the claim form. The judgment is set aside only as to quantum, subject to conditions.

Parties
Applicant/defendant: Ronnie Ambimbola Decker; Applicant/defendant: Globus Industries Inc.; Respondent/claimant: International Medical Supplies Limited (formerly Excalibur Healthcare Services Limited)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Court Application to Set Aside Default Judgment / Ruling on Application to Set Aside Default Judgment Under CPR 13.3
Outcome
Application to set aside default judgment granted in part; judgment set aside as to quantum only, subject to conditions.
Legal Topics
Setting Aside Default Judgment, Authority of Agents, Breach of Warranty of Authority, Quantum of Damages, Delay and Promptness in Applications, Ostensible Authority, Estoppel, Indoor Management Rule
Civil Procedure Contract Law Company Law Setting Aside Default Judgment Authority of Agents Breach of Warranty of Authority Quantum of Damages Delay and Promptness in Applications +3 more

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Parties

Ronnie Ambimbola Decker

Applicant/defendant

Globus Industries Inc.

Applicant/defendant

International Medical Supplies Limited (formerly Excalibur Healthcare Services Limited)

Respondent/claimant

Procedural Posture

Commercial Court Application to Set Aside Default Judgment / Ruling on Application to Set Aside Default Judgment Under CPR 13.3

Legal Issues

  1. 1 Whether Mr. Decker had actual or ostensible authority to bind Princess Hotels Development Limited to the repayment agreement
  2. 2 Whether there is a real prospect of successfully defending the claim for breach of warranty of authority
  3. 3 Whether there is a real prospect of successfully defending quantum of damages

Ratio Decidendi

Mr. Decker failed to show a real prospect of successfully defending liability for breach of warranty of authority, as there was insufficient evidence of actual or ostensible authority or estoppel, and the board resolution was limited and not shown to the claimant before the agreement. However, he demonstrated a real prospect of defending quantum, as damages may be limited to the value of security that could have been obtained, not the full debt. The delay in making the application was borderline but not egregious, and there was a plausible explanation for non-receipt of the claim form. The judgment is set aside only as to quantum, subject to conditions.

Court Disposition

Application to set aside default judgment granted in part; judgment set aside as to quantum only, subject to conditions.

Orders

  • Default judgment against Mr. Decker set aside as to quantum only.
  • Mr. Decker to pay costs of the abortive 12th May hearing and at least part of the costs of this application.