Halberstam & Anor v Gladstar Ltd [2015] EWHC 179 (QB) (29 January 2015)

Halberstam & Anor v Gladstar Ltd [2015] EWHC 179 (QB) (29 January 2015)

The claim by the Edmond Stern Settlement failed because the 1974 transaction was a bill of sale within the meaning of the Bills of Sale Act 1878, was not registered or registration had lapsed, and thus was void against the defendant as a person on whose behalf court process was issued; there was no serious issue to be tried. Mrs Stern's claim to the Mane-Katz painting had a real prospect of success as the statutory bars did not apply, but the matter was resolved by agreement.

Citation
[2015] EWHC 179 (QB)
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
Interim Application for Injunction and Delivery Up / Hearing of Interim Relief Application Before Trial
Outcome
First claimant's application dismissed; second claimant's claim resolved by agreement.
Legal Topics
Interim Injunctions, Bills of Sale Act 1878, Sale of Goods Act 1979, Trust Property, Title to Goods, Summary Relief
Civil Procedure Trusts and Estates Property Law Interim Injunctions Bills of Sale Act 1878 Sale of Goods Act 1979 Trust Property Title to Goods +1 more

Case Brief

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Parties

David Halberstam (as trustee of the Edmond Stern Settlement)

Claimant

Shoshana Stern

Claimant

Gladstar Limited

Defendant

Procedural Posture

Interim Application for Injunction and Delivery Up / Hearing of Interim Relief Application Before Trial

Legal Issues

  1. 1 Whether claimants have a tenable claim to ownership and possession of seized goods
  2. 2 Whether interim relief (injunction/delivery up) should be granted
  3. 3 Whether Bills of Sale Act 1878 and Sale of Goods Act 1979 defeat the claimants' title

Ratio Decidendi

The claim by the Edmond Stern Settlement failed because the 1974 transaction was a bill of sale within the meaning of the Bills of Sale Act 1878, was not registered or registration had lapsed, and thus was void against the defendant as a person on whose behalf court process was issued; there was no serious issue to be tried. Mrs Stern's claim to the Mane-Katz painting had a real prospect of success as the statutory bars did not apply, but the matter was resolved by agreement.

Court Disposition

First claimant's application dismissed; second claimant's claim resolved by agreement.

Orders

  • Application by Edmond Stern Settlement dismissed; no interim relief granted.
  • Defendant to deliver up Mane-Katz painting to Mrs Stern upon her undertaking in damages and other undertakings to the court.