Hillview Industrial Developments (UK) Ltd v Botes Building Ltd

Hillview Industrial Developments (UK) Ltd v Botes Building Ltd

There is no arguable defence to enforcement of the adjudicator’s award; no compelling reason for trial or adjournment; set-off and stay are not justified on the facts; summary judgment must be granted to enforce the award immediately.

Parties
Claimant: Hillview Industrial Developments (UK) Ltd.; Defendant: Botes Building Ltd.
Jurisdiction
England and Wales
Judgment Date
07 June 2006
Procedural Posture
Summary Judgment Application (construction Adjudication Enforcement) / Judgment on Summary Judgment Application
Outcome
Summary judgment granted for the claimant.
Legal Topics
Adjudication Enforcement, Summary Judgment, Set Off, Stay of Execution
Construction Law Civil Procedure Adjudication Enforcement Summary Judgment Set Off Stay of Execution

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 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hillview Industrial Developments (UK) Ltd.

Claimant

Botes Building Ltd.

Defendant

Procedural Posture

Summary Judgment Application (construction Adjudication Enforcement) / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be granted to enforce the adjudicator’s award under the Housing Grants Construction and Regeneration Act 1996
  2. 2 Whether there is a compelling reason for trial rather than summary judgment
  3. 3 Whether set-off or stay of execution should be allowed

Ratio Decidendi

There is no arguable defence to enforcement of the adjudicator’s award; no compelling reason for trial or adjournment; set-off and stay are not justified on the facts; summary judgment must be granted to enforce the award immediately.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Judgment for Hillview in the sum of £292,650 plus statutory interest.