Greenstein & Anor v Broome and Wellington LP

Greenstein & Anor v Broome and Wellington LP

The misrepresentation defence and counterclaim were both raised late without satisfactory explanation and lacked evidential support or plausibility. The respondent's claim was sufficiently proved for summary judgment and interim payment, with only limited quantum issues requiring trial. The judge below was entitled to reject the defences and counterclaim as having no real prospect of success.

Parties
Appellant: David Greenstein; Appellant: Steven Greenstein; Respondent: Broome and Wellington LP
Jurisdiction
England and Wales
Judgment Date
18 June 2009
Procedural Posture
Civil Appeal / Appeal From Summary Judgment and Interim Payment Order
Outcome
Appeal dismissed
Legal Topics
Guarantee Liability, Summary Judgment, Interim Payment, Misrepresentation, Counterclaim, Quantum of Debt
Contract Law Commercial Law Guarantee Liability Summary Judgment Interim Payment Misrepresentation Counterclaim Quantum of Debt

Case Brief

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Parties

David Greenstein

Appellant

Steven Greenstein

Appellant

Broome and Wellington LP

Respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment and Interim Payment Order

Legal Issues

  1. 1 Whether the appellants should be permitted to defend the claim on grounds of misrepresentation
  2. 2 Whether the respondent sufficiently proved its claim for summary judgment and interim payment
  3. 3 Whether the appellants' counterclaim under the 1998 agreement could be set off against sums due as guarantors

Ratio Decidendi

The misrepresentation defence and counterclaim were both raised late without satisfactory explanation and lacked evidential support or plausibility. The respondent's claim was sufficiently proved for summary judgment and interim payment, with only limited quantum issues requiring trial. The judge below was entitled to reject the defences and counterclaim as having no real prospect of success.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment and interim payment order upheld
  • Permission to defend limited to quantum issues as specified by the lower court