CNH Financial Services SAS v Krecent Traders Ltd & Anor

CNH Financial Services SAS v Krecent Traders Ltd & Anor

The counterclaims advanced by the defendant are improbable and lack sufficient evidential support. The claimant's title to sue is not seriously in doubt. However, the court declines to grant summary judgment or strike out the defence and counterclaims outright, instead making a conditional order that the defendant pay €1.2 million into court.

Parties
Claimant: CNH Financial Services SAS; Defendant: Krecent Traders Limited; Third Party: CNH U.K. Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2010
Procedural Posture
Commercial / Application for Summary Judgment or Strike Out of Defence and Counterclaim
Outcome
Conditional order for defence and counterclaims to proceed upon payment into court
Legal Topics
Summary Judgment, Strike Out, Receivables Assignment, Collateral Agreements, Counterclaims, Set Off
Commercial Law Contract Law Summary Judgment Strike Out Receivables Assignment Collateral Agreements Counterclaims Set Off

Case Brief

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Parties

CNH Financial Services SAS

Claimant

Krecent Traders Limited

Defendant

CNH U.K. Limited

Third Party

Procedural Posture

Commercial / Application for Summary Judgment or Strike Out of Defence and Counterclaim

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment for the outstanding balance
  2. 2 Whether the defence and counterclaims should be struck out
  3. 3 Whether the claimant has title to sue under the Receivables Purchasing Agreement

Ratio Decidendi

The counterclaims advanced by the defendant are improbable and lack sufficient evidential support. The claimant's title to sue is not seriously in doubt. However, the court declines to grant summary judgment or strike out the defence and counterclaims outright, instead making a conditional order that the defendant pay €1.2 million into court.

Court Disposition

Conditional order for defence and counterclaims to proceed upon payment into court

Orders

  • Defendant to pay €1.2 million into court as a condition for defence and counterclaims to proceed
  • Application for summary judgment and/or strike out not granted outright