Ansys Inc v Lim & Anor [2000] EWCA Civ 56 (25 February 2000)

Ansys Inc v Lim & Anor [2000] EWCA Civ 56 (25 February 2000)

The contractual relationship between Ansys and SCL remained debtor-creditor post-termination; no express or implied trust arose over licence fees collected by SCL after termination. SCL was entitled to collect fees and owed Ansys only a contractual or restitutionary obligation, not a proprietary remedy.

Citation
[2000] EWCA Civ 56
Parties
Applicant: Ansys Inc; Respondent: Structures and Computers Limited; Respondent: Lim Thuan Khee; Respondent: Tan Tiat Eng
Jurisdiction
England and Wales
Judgment Date
25 February 2000
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Termination of Distribution Agreements, Constructive Trusts, Implied Terms, Unjust Enrichment, Assignment of Contractual Rights
Contract Law Trusts Law Restitution Termination of Distribution Agreements Constructive Trusts Implied Terms Unjust Enrichment Assignment of Contractual Rights

Case Brief

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Parties

Ansys Inc

Applicant

Structures and Computers Limited

Respondent

Lim Thuan Khee

Respondent

Tan Tiat Eng

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether SCL held post-termination licence fees in trust for Ansys
  2. 2 Whether SCL owed a proprietary obligation to Ansys for post-termination fees
  3. 3 Whether a constructive trust arose over licence fees collected by SCL after termination

Ratio Decidendi

The contractual relationship between Ansys and SCL remained debtor-creditor post-termination; no express or implied trust arose over licence fees collected by SCL after termination. SCL was entitled to collect fees and owed Ansys only a contractual or restitutionary obligation, not a proprietary remedy.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with Respondents' costs to be assessed at standard rate.
  • Leave to appeal refused.