Absolute Living Developments Limited (in liquidation) v DS7 Limited & Ors.

Absolute Living Developments Limited (in liquidation) v DS7 Limited & Ors.

Clause 6.3 of the Settlement Agreement provides a freestanding right for the Liquidator to direct ALDOP to transfer Empress Mill, unaffected by the time limitation in clause 11.1.1, and compliance with s.5 of the Landlord and Tenant Act 1987 does not bar the declaration sought as arrangements can be made for proper notice.

Parties
Claimant: Absolute Living Developments Limited (in Liquidation); Defendant: DS7 Limited; Defendant: Andrew John Camilleri; Defendant: Charles Alexander Clunie Cunningham; Defendant: Gozon Limited; Defendant: EPG Manlet Limited; Defendant: UMI Limited (in Creditors’ Voluntary Liquidation); Defendant: Etruscan (Manchester) Limited; Defendant: Philip Wright (T/A Pixel Bomb); Defendant: Timothy Ackrel; Defendant: Alan Pierce; Defendant: 2380 Reversions Limited; Defendant: SC Universal Limited; Defendant: Stephanie Camilleri (AKA Stephanie Spencer); Respondent: Absolute Living Developments (Orchid Point) Limited
Jurisdiction
England and Wales
Judgment Date
16 September 2022
Procedural Posture
Civil / Judgment on Application for Declaration and Costs
Outcome
Declaration granted in favour of the Liquidator; costs to follow the event.
Legal Topics
Interpretation of Settlement Agreement, Transfer of Leasehold Property, Liquidator's Powers, Compliance With Landlord and Tenant Act 1987
Contract Law Insolvency Property Law Interpretation of Settlement Agreement Transfer of Leasehold Property Liquidator's Powers Compliance With Landlord and Tenant Act 1987

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Parties

Absolute Living Developments Limited (in Liquidation)

Claimant

DS7 Limited

Defendant

Andrew John Camilleri

Defendant

Charles Alexander Clunie Cunningham

Defendant

Gozon Limited

Defendant

EPG Manlet Limited

Defendant

UMI Limited (in Creditors’ Voluntary Liquidation)

Defendant

Etruscan (Manchester) Limited

Defendant

Philip Wright (T/A Pixel Bomb)

Defendant

Timothy Ackrel

Defendant

Alan Pierce

Defendant

2380 Reversions Limited

Defendant

SC Universal Limited

Defendant

Stephanie Camilleri (AKA Stephanie Spencer)

Defendant

Absolute Living Developments (Orchid Point) Limited

Respondent

Procedural Posture

Civil / Judgment on Application for Declaration and Costs

Legal Issues

  1. 1 Whether the Liquidator retains the right under clause 6.3 of the Settlement Agreement to direct transfer of Empress Mill after expiry of clause 11.1.1 deadline
  2. 2 Whether compliance with s.5 of the Landlord and Tenant Act 1987 is a bar to granting the declaration sought

Ratio Decidendi

Clause 6.3 of the Settlement Agreement provides a freestanding right for the Liquidator to direct ALDOP to transfer Empress Mill, unaffected by the time limitation in clause 11.1.1, and compliance with s.5 of the Landlord and Tenant Act 1987 does not bar the declaration sought as arrangements can be made for proper notice.

Court Disposition

Declaration granted in favour of the Liquidator; costs to follow the event.

Orders

  • Declaration that Absolute Living Developments (Orchid Point) Limited is obligated to transfer Empress Mill to the Claimant or a third party nominated by the Liquidator.
  • Costs of the application and injunction proceedings to be paid by ALDOP.