Balevents Ltd v Sartori

Balevents Ltd v Sartori

Mr Sartori was in adverse possession of the Land for more than ten years, with the knowledge and consent of Mr Reddy, the de facto director and beneficial owner of Balevents. Balevents occupied the Land as Mr Sartori’s licensee, and Mr Sartori’s application for registration was not a breach of fiduciary duty or duty of good faith. Full disclosure and consent were established.

Parties
Claimant: Balevents Limited; Defendant: Allan James Sartori
Jurisdiction
England and Wales
Judgment Date
29 September 2011
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Adverse Possession, Fiduciary Duty, Possessory Title, Corporate Governance
Property Law Company Law Adverse Possession Fiduciary Duty Possessory Title Corporate Governance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Balevents Limited

Claimant

Allan James Sartori

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Mr Sartori or Balevents Limited should be registered as proprietor of the Land
  2. 2 Whether Mr Sartori was in adverse possession of the Land
  3. 3 Whether Mr Sartori breached fiduciary duty or duty of good faith to JEL, Broomco, Balevents, and BSEL

Ratio Decidendi

Mr Sartori was in adverse possession of the Land for more than ten years, with the knowledge and consent of Mr Reddy, the de facto director and beneficial owner of Balevents. Balevents occupied the Land as Mr Sartori’s licensee, and Mr Sartori’s application for registration was not a breach of fiduciary duty or duty of good faith. Full disclosure and consent were established.

Court Disposition

Claim dismissed