Cavendish Square Holding B.V. v Team Y&R Holdings Hong Kong Ltd

Cavendish Square Holding B.V. v Team Y&R Holdings Hong Kong Ltd

The application for summary judgment is dismissed because the issues of whether Mr Ghossoub had an 'interest' in the relevant businesses and whether those businesses were in competition with Menacom as at 31 March 2008 are factually disputed and cannot be resolved without a full trial. The evidence is insufficiently clear and the disputes are not suitable for summary determination.

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 / Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Summary Judgment, Restrictive Covenants, Shareholder Agreements, Non Competition Clauses, Contractual Construction
Contract Law Commercial Law Summary Judgment Restrictive Covenants Shareholder Agreements Non Competition Clauses Contractual Construction

Case Brief

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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 / Summary Judgment Application

Legal Issues

  1. 1 Whether Mr Ghossoub was a Defaulting Shareholder under the SPA as at 31 March 2008
  2. 2 Whether Mr Ghossoub breached clause 11.2 of the SPA by having an interest in competing businesses
  3. 3 Whether the nature of Mr Ghossoub's involvement in the four companies constituted an 'interest' under clause 11.2

Ratio Decidendi

The application for summary judgment is dismissed because the issues of whether Mr Ghossoub had an 'interest' in the relevant businesses and whether those businesses were in competition with Menacom as at 31 March 2008 are factually disputed and cannot be resolved without a full trial. The evidence is insufficiently clear and the disputes are not suitable for summary determination.

Court Disposition

Application for summary judgment dismissed