Hewavisenti & Anor v Wickramsinghe & Anor [2021] EWHC 2045 (Ch) (23 July 2021)

Hewavisenti & Anor v Wickramsinghe & Anor [2021] EWHC 2045 (Ch) (23 July 2021)

The Defendants are contractually bound by the expert's October 2018 valuation of Linden and must transfer their share to the Claimants; Defendants must cooperate in placing Wood End and Beechcroft for sale as per the settlement agreement; Defendants are not entitled to purchase the Claimants' share of the Penywern Flats under the settlement or equity due to the express terms and the self-dealing rule; specific performance is appropriate as damages are inadequate and enforcement of the settlement is required to bring finality.

Citation
[2021] EWHC 2045 (Ch)
Parties
Claimant: Prathitha Hewavisenti; Claimant: Anuje Wanniarachchi; Defendant: Kosala Wickramsinghe; Defendant: Shalinee Abeywickrama
Jurisdiction
England and Wales
Judgment Date
23 July 2021
Procedural Posture
CPR Part 8 Claim to Enforce Settlement Agreement / Judgment After Contested Hearing
Outcome
Claim allowed in substantial part; specific performance ordered.
Legal Topics
Enforcement of Settlement Agreements, Joint Venture Property Disputes, Specific Performance, Trustee Duties and Self Dealing, Valuation Disputes
Property Law Equity and Trusts Contract Law Enforcement of Settlement Agreements Joint Venture Property Disputes Specific Performance Trustee Duties and Self Dealing Valuation Disputes

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Parties

Prathitha Hewavisenti

Claimant

Anuje Wanniarachchi

Claimant

Kosala Wickramsinghe

Defendant

Shalinee Abeywickrama

Defendant

Procedural Posture

CPR Part 8 Claim to Enforce Settlement Agreement / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether Defendants are bound by expert valuation for transfer of Linden property
  2. 2 Whether Defendants must cooperate in sale of Wood End and Beechcroft
  3. 3 Whether Defendants can purchase Claimants' share of Penywern Flats under settlement agreement or equity

Ratio Decidendi

The Defendants are contractually bound by the expert's October 2018 valuation of Linden and must transfer their share to the Claimants; Defendants must cooperate in placing Wood End and Beechcroft for sale as per the settlement agreement; Defendants are not entitled to purchase the Claimants' share of the Penywern Flats under the settlement or equity due to the express terms and the self-dealing rule; specific performance is appropriate as damages are inadequate and enforcement of the settlement is required to bring finality.

Court Disposition

Claim allowed in substantial part; specific performance ordered.

Orders

  • Defendants to assign their beneficial interest in Linden to Claimants at October 2018 valuation (£480,000).
  • Defendants to cooperate in sale of Wood End and Beechcroft on open market at agreed valuations.