Cavendish Square Holding B.V. v Team Y&R Holdings Hong Kong Ltd [2018] EWHC 2755 (Comm) (26 October 2018)

Summary judgment is inappropriate due to unresolved factual disputes regarding Mr Ghossoub's interest in competing businesses and whether those businesses were in competition with Menacom at the relevant time; these issues require investigation at trial.

Citation: [2018] EWHC 2755 (Comm)
Parties: Claimant/applicant: Cavendish Square Holding B.V.; Claimant/applicant: Team Y&R Holdings Hong Kong Limited; Defendant/respondent: Joseph Ghossoub
Jurisdiction: England and Wales
Judgment Date: 26 October 2018
Procedural Posture: Commercial Court Summary Judgment Application / Summary Judgment Application, Pre Trial
Outcome: Application for summary judgment dismissed
Legal Topics: Summary Judgment, Restrictive Covenants, Shareholder Agreements, Breach of Contract, Penalties in Contracts

Contract Law Commercial Law Summary Judgment Restrictive Covenants Shareholder Agreements Breach of Contract Penalties in Contracts

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Parties

Cavendish Square Holding B.V.

Claimant/applicant

Team Y&R Holdings Hong Kong Limited

Claimant/applicant

Joseph Ghossoub

Defendant/respondent

Procedural Posture

Commercial Court Summary Judgment Application / Summary Judgment Application, Pre Trial

Legal Issues

1 Whether Mr Ghossoub was a Defaulting Shareholder under the SPA
2 Whether Mr Ghossoub breached clause 11.2 of the SPA
3 Whether summary judgment is appropriate given factual disputes

Ratio Decidendi

Court Disposition

Application for summary judgment dismissed

Orders

Application for summary judgment dismissed; all issues to be determined at trial