Blue Station Ltd v Kamyab

Blue Station Ltd v Kamyab

The defendant was not entitled to the payment as the evidence and contemporaneous documents showed his payments did not discharge Blue Station's liability to the builder; thus, Blue Station was entitled to restitution.

Parties
Appellant: Blue Station Ltd; Respondent: Kamyab
Jurisdiction
England and Wales
Judgment Date
05 October 2007
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Director's Entitlement, Reimbursement, Burden of Proof, Restitution of Company Funds
Company Law Restitution Director's Entitlement Reimbursement Burden of Proof Restitution of Company Funds

Case Brief

Summary, issues, holding and outcome

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Parties

Blue Station Ltd

Appellant

Kamyab

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the defendant was entitled to reimbursement for payments allegedly made on behalf of the company
  2. 2 Whether the payment of £103,000 was made in discharge of Blue Station's indebtedness to the builder
  3. 3 Whether the correct burden and standard of proof was applied

Ratio Decidendi

The defendant was not entitled to the payment as the evidence and contemporaneous documents showed his payments did not discharge Blue Station's liability to the builder; thus, Blue Station was entitled to restitution.

Court Disposition

appeal dismissed

Orders

  • Application dismissed