Bodill & Sons (Contractors) Ltd v Mattu

The defendant was nominally in breach of trust and contract for failing to set up and fund a properly designated trust account for retention monies within a reasonable period after request, but undertakings offered to the court provided sufficient protection and rendered further orders unnecessary.

Parties: Claimant: Bodill & Sons (Contractors) Limited; Defendant: Harmail Singh Mattu
Jurisdiction: England and Wales
Judgment Date: 30 November 2007
Procedural Posture: Civil / Final Hearing
Outcome: No order made; undertakings accepted
Legal Topics: Retention Monies, Trust Obligations Under Construction Contracts, Injunctions for Breach of Trust, Designation of Trust Accounts

Trusts Construction Law Contract Law Retention Monies Trust Obligations Under Construction Contracts Injunctions for Breach of Trust Designation of Trust Accounts

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Parties

Bodill & Sons (Contractors) Limited

Claimant

Harmail Singh Mattu

Defendant

Procedural Posture

Civil / Final Hearing

Legal Issues

1 Whether the defendant was in breach of trust and contract for failing to place retention monies in a designated trust account within a reasonable period after request
2 Whether the account set up by the defendant satisfied the contractual and trust requirements for designation as a trust account
3 Whether the claimant was entitled to an injunction or other relief

Ratio Decidendi

Court Disposition

No order made; undertakings accepted

Orders

Defendant to undertake that the retention monies remain in the account to the best of his knowledge and belief.
Defendant to instruct the bank to re-designate the account as a trust account with Bodill also named, by 5th December 2007.