Fahstone Ltd v Biesse Group UK Ltd [2015] EWHC 3650 (TCC) (18 December 2015)

Fahstone Ltd v Biesse Group UK Ltd [2015] EWHC 3650 (TCC) (18 December 2015)

There is at least a triable issue as to whether the installation of the Uniwin machine constituted a construction operation under the Act, due to unresolved factual disputes about the nature and extent of the fixings securing the machine to the floor. Accordingly, summary judgment is refused and the defendant is granted unconditional leave to defend.

Citation
[2015] EWHC 3650 (TCC)
Parties
Claimant: Fahstone Limited; Defendant: Biesse Group UK Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Application to Enforce Adjudicator's Decision / Summary Judgment Application
Outcome
Summary judgment refused; unconditional leave to defend granted to defendant.
Legal Topics
Enforcement of Adjudicator's Decision, Construction Contract Definition, Fixtures and Chattels, Summary Judgment, Jurisdiction of Adjudicator
Construction Law Contract Law Enforcement of Adjudicator's Decision Construction Contract Definition Fixtures and Chattels Summary Judgment Jurisdiction of Adjudicator

Case Brief

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Parties

Fahstone Limited

Claimant

Biesse Group UK Limited

Defendant

Procedural Posture

Application to Enforce Adjudicator's Decision / Summary Judgment Application

Legal Issues

  1. 1 Whether the installation of the Uniwin machine constituted a 'construction operation' under the Housing Grants, Construction and Regeneration Act 1996
  2. 2 Whether Fahstone Limited was a party to the contract for the purchase of the Uniwin machine
  3. 3 Whether summary judgment should be granted to enforce the adjudicator's decision

Ratio Decidendi

There is at least a triable issue as to whether the installation of the Uniwin machine constituted a construction operation under the Act, due to unresolved factual disputes about the nature and extent of the fixings securing the machine to the floor. Accordingly, summary judgment is refused and the defendant is granted unconditional leave to defend.

Court Disposition

Summary judgment refused; unconditional leave to defend granted to defendant.

Orders

  • Application for summary judgment dismissed
  • Defendant granted unconditional leave to defend