Thevarajah & Anor v Riordan & Ors

Thevarajah & Anor v Riordan & Ors

Relief granted is limited to what is pleaded and admitted in the Particulars of Claim; no entitlement to declaration or payment regarding PPD's debts due to lack of pleaded agreement; damages for The Jester and The Devonshire assessed as nil due to current market values not exceeding purchase prices.

Parties
Claimant: Thavatheva Thevarajah; Claimant: Southern Territory Limited; Defendant: John Riordan; Defendant: Eugene Burke; Defendant: Prestige Property Developer UK Limited; Defendant: Barrington Burke
Jurisdiction
England and Wales
Judgment Date
21 March 2014
Procedural Posture
Civil / Judgment
Outcome
Judgment for Claimant in part
Legal Topics
Specific Performance, Damages, Default Judgment, Share Transfer, Indebtedness, Planning Permission
Contract Law Property Law Specific Performance Damages Default Judgment Share Transfer Indebtedness Planning Permission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Thavatheva Thevarajah

Claimant

Southern Territory Limited

Claimant

John Riordan

Defendant

Eugene Burke

Defendant

Prestige Property Developer UK Limited

Defendant

Barrington Burke

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Entitlement to specific performance for share transfer in PPD
  2. 2 Entitlement to repayment of excess payment
  3. 3 Entitlement to declaration and payment regarding PPD's debts

Ratio Decidendi

Relief granted is limited to what is pleaded and admitted in the Particulars of Claim; no entitlement to declaration or payment regarding PPD's debts due to lack of pleaded agreement; damages for The Jester and The Devonshire assessed as nil due to current market values not exceeding purchase prices.

Court Disposition

Judgment for Claimant in part

Orders

  • Defendants to transfer remaining 50% of shares in PPD to Mr Thevarajah.
  • Mr Thevarajah to procure transfer of The Castle by PPD to Defendants or their nominee simultaneously with share transfer.