Interactive Technology Corporation Ltd v Ferster

Interactive Technology Corporation Ltd v Ferster

Summary judgment on causation was refused because the arguments as to causation raised by Mr Ferster are arguable, the law is not settled, and factual findings are required before determination. The application for interim payment was also dismissed as it depended on the outcome of the summary judgment application.

Parties
Claimant: Interactive Technology Corporation Limited; Defendant: Jonathan Ferster
Jurisdiction
England and Wales
Judgment Date
14 July 2017
Procedural Posture
Civil / Ruling on Summary Judgment and Interim Payment Applications
Outcome
Application for summary judgment dismissed; application for interim payment dismissed.
Legal Topics
Breach of Fiduciary Duty, Equitable Compensation, Summary Judgment, Causation, Remuneration
Equity Company Law Breach of Fiduciary Duty Equitable Compensation Summary Judgment Causation Remuneration

Case Brief

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Parties

Interactive Technology Corporation Limited

Claimant

Jonathan Ferster

Defendant

Procedural Posture

Civil / Ruling on Summary Judgment and Interim Payment Applications

Legal Issues

  1. 1 Whether Mr Ferster has a defence of causation to ITC's claim for equitable compensation for unauthorised remuneration
  2. 2 Whether Mr Ferster may seek a just allowance in answer to ITC's claim
  3. 3 Whether summary judgment should be granted on causation

Ratio Decidendi

Summary judgment on causation was refused because the arguments as to causation raised by Mr Ferster are arguable, the law is not settled, and factual findings are required before determination. The application for interim payment was also dismissed as it depended on the outcome of the summary judgment application.

Court Disposition

Application for summary judgment dismissed; application for interim payment dismissed.

Orders

  • Application for summary judgment dismissed.
  • Application for interim payment dismissed.