Ffinal 09 AG v Floreat Merchant Banking Ltd [2020] EWHC 2657 (Comm) (16 July 2020)

Ffinal 09 AG v Floreat Merchant Banking Ltd [2020] EWHC 2657 (Comm) (16 July 2020)

The defendant has demonstrated a realistically arguable defence to the claim, both as to the true parties to the transaction and the availability of a change of position defence, such that summary judgment is inappropriate and must be refused.

Citation
[2020] EWHC 2657 (Comm)
Parties
Claimant: FFINAL 09 AG; Defendant: Floreat Merchant Banking Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2020
Procedural Posture
Commercial Court (qbd) / Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Summary Judgment, Restitution, Change of Position Defence, Mistaken Payment, Loan Agreements
Civil Procedure Commercial Law Summary Judgment Restitution Change of Position Defence Mistaken Payment Loan Agreements

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Parties

FFINAL 09 AG

Claimant

Floreat Merchant Banking Limited

Defendant

Procedural Posture

Commercial Court (qbd) / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment for CHF325,000 as a loan or restitution for mistaken payment
  2. 2 Whether the defendant has a realistically arguable defence to the claim
  3. 3 Whether the payments were loans or mistaken payments

Ratio Decidendi

The defendant has demonstrated a realistically arguable defence to the claim, both as to the true parties to the transaction and the availability of a change of position defence, such that summary judgment is inappropriate and must be refused.

Court Disposition

Application for summary judgment dismissed

Orders

  • Application for summary judgment is refused