Kier Regional Ltd (t/a Wallis) v City & General (Holborn) Ltd & Ors

Kier Regional Ltd (t/a Wallis) v City & General (Holborn) Ltd & Ors

No present debt exists from Cambridge or Temple to Holborn as profit/loss shares under the joint venture agreement are not payable until after final account resolution; entries in company accounts do not override the contractual position. Even if a debt existed, the court would not exercise its discretion to make final third party debt orders due to prejudice to third parties and imminent arbitration challenging the underlying judgment.

Parties
Claimant/applicant: Kier Regional Limited (t/a Wallis); Defendant/respondent: City and General (Holborn) Ltd; Third Party: Cambridge Gate Properties Limited; Third Party: Temple Guiting Manor Limited
Jurisdiction
England and Wales
Judgment Date
17 October 2008
Procedural Posture
Application / Ruling on Final Third Party Debt Orders and Stay of Execution
Outcome
Applications for final third party debt orders dismissed; interim orders discharged; stay of execution granted.
Legal Topics
Third Party Debt Orders, Enforcement of Adjudicator's Decision, Stay of Execution, Joint Venture Agreements
Civil Procedure Construction Law Third Party Debt Orders Enforcement of Adjudicator's Decision Stay of Execution Joint Venture Agreements

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Parties

Kier Regional Limited (t/a Wallis)

Claimant/applicant

City and General (Holborn) Ltd

Defendant/respondent

Cambridge Gate Properties Limited

Third Party

Temple Guiting Manor Limited

Third Party

Procedural Posture

Application / Ruling on Final Third Party Debt Orders and Stay of Execution

Legal Issues

  1. 1 Whether debts are due and owing from Cambridge and Temple to Holborn
  2. 2 Whether the court should exercise its discretion under CPR Part 72 to make final third party debt orders
  3. 3 Whether a stay of execution should be granted pending arbitration

Ratio Decidendi

No present debt exists from Cambridge or Temple to Holborn as profit/loss shares under the joint venture agreement are not payable until after final account resolution; entries in company accounts do not override the contractual position. Even if a debt existed, the court would not exercise its discretion to make final third party debt orders due to prejudice to third parties and imminent arbitration challenging the underlying judgment.

Court Disposition

Applications for final third party debt orders dismissed; interim orders discharged; stay of execution granted.

Orders

  • No final third party debt orders to be made.
  • Interim third party debt orders discharged.