Hathurani v Jassat

Hathurani v Jassat

The application for interim payment fails because the claimant's primary claims (partnership dissolution, trust) are not amenable to interim payment jurisdiction, and it is not inevitable on the pleadings and evidence that the claimant will obtain a monetary judgment. The loan claim is fact-sensitive and subject to unresolved issues of illegality and choice of law, which cannot be determined with sufficient certainty at this stage. The resulting trust argument is not available where the parties have agreed a different arrangement.

Parties
Claimant: Hathurani; Defendant: Jassat
Jurisdiction
England and Wales
Judgment Date
12 March 2010
Procedural Posture
Civil (commercial/partnership) / Interlocutory Application for Interim Payment
Outcome
Application for interim payment dismissed
Legal Topics
Illegality of Contract, Interim Payments, Choice of Law, Resulting Trust, Partnership Dissolution
Contract Law Conflict of Laws Equity Trusts Illegality of Contract Interim Payments Choice of Law Resulting Trust +1 more

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Parties

Hathurani

Claimant

Jassat

Defendant

Procedural Posture

Civil (commercial/partnership) / Interlocutory Application for Interim Payment

Legal Issues

  1. 1 Whether the claims are amenable to interim payment jurisdiction under CPR 25.1 and 25.7
  2. 2 Whether the claimant is bound to recover at least £7.2m on any pleaded basis
  3. 3 Whether the loan agreements are unenforceable for illegality under South African or English law

Ratio Decidendi

The application for interim payment fails because the claimant's primary claims (partnership dissolution, trust) are not amenable to interim payment jurisdiction, and it is not inevitable on the pleadings and evidence that the claimant will obtain a monetary judgment. The loan claim is fact-sensitive and subject to unresolved issues of illegality and choice of law, which cannot be determined with sufficient certainty at this stage. The resulting trust argument is not available where the parties have agreed a different arrangement.

Court Disposition

Application for interim payment dismissed

Orders

  • Application for interim payment refused
  • Directions to prepare case for trial as soon as practicable