Halberstam & Anor v Gladstar Ltd

Halberstam & Anor v Gladstar Ltd

The first claimant's application fails because the claim to the goods depends on a 1974 transaction that constitutes a bill of sale within the meaning of the Bills of Sale Act 1878. The bill of sale was not registered or its registration lapsed, rendering it void against the defendant and enforcement officers under s 8 of the Act. The transaction does not fall within the statutory exclusion for assignments for the benefit of creditors. The first claimant therefore has no serious issue to be tried. Mrs Stern's claim to the Mane-Katz painting stands on a different footing, as the Sale of Goods Act and Bills of Sale Act do not apply; the defendant agreed to deliver up the painting upon...

Parties
Claimant: David Halberstam (as trustee of the Edmond Stern Settlement); Claimant: Shoshana Stern; Defendant: Gladstar Limited
Jurisdiction
England and Wales
Judgment Date
29 January 2015
Procedural Posture
Civil / Interim Application for Injunctions and Other Orders
Outcome
First claimant's application dismissed; agreement reached for delivery up of painting to second claimant.
Legal Topics
Bills of Sale, Sale of Goods, Interim Injunctions, Trust Property, Title to Goods
Property Law Trusts and Equity Civil Procedure Bills of Sale Sale of Goods Interim Injunctions Trust Property Title to Goods

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Parties

David Halberstam (as trustee of the Edmond Stern Settlement)

Claimant

Shoshana Stern

Claimant

Gladstar Limited

Defendant

Procedural Posture

Civil / Interim Application for Injunctions and Other Orders

Legal Issues

  1. 1 Whether the claimants are entitled to interim mandatory orders for delivery up of goods seized under a Writ of Delivery
  2. 2 Whether the claimants have title to the goods in question
  3. 3 Whether the Bills of Sale Act 1878 and/or Sale of Goods Act 1979 bar the claimants' claims

Ratio Decidendi

The first claimant's application fails because the claim to the goods depends on a 1974 transaction that constitutes a bill of sale within the meaning of the Bills of Sale Act 1878. The bill of sale was not registered or its registration lapsed, rendering it void against the defendant and enforcement officers under s 8 of the Act. The transaction does not fall within the statutory exclusion for assignments for the benefit of creditors. The first claimant therefore has no serious issue to be tried. Mrs Stern's claim to the Mane-Katz painting stands on a different footing, as the Sale of Goods Act and Bills of Sale Act do not apply; the defendant agreed to deliver up the painting upon...

Court Disposition

First claimant's application dismissed; agreement reached for delivery up of painting to second claimant.

Orders

  • First claimant's application for interim relief dismissed.
  • Defendant to deliver up the Mane-Katz painting to Mrs Stern upon her giving undertakings in damages and other appropriate undertakings to the court.