Luckett & Luckett v Ashley King (Developments) Ltd

Luckett & Luckett v Ashley King (Developments) Ltd

The appellants had no real prospect of success on appeal as the Deputy Master properly exercised discretion in refusing an adjournment, the respondent was entitled to summary judgment for specific performance, and no arguable defence was established.

Parties
Appellant: Luckett & Luckett; Respondent: Ashley King (Developments) Limited
Jurisdiction
England and Wales
Judgment Date
20 October 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Outcome
applications dismissed
Legal Topics
Specific Performance, Summary Judgment, Adjournment, Extension of Time
Contract Law Civil Procedure Specific Performance Summary Judgment Adjournment Extension of Time

Case Brief

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Parties

Luckett & Luckett

Appellant

Ashley King (Developments) Limited

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the Deputy Master erred in refusing an adjournment
  2. 2 Whether the appellants had an arguable defence to specific performance
  3. 3 Whether the application for extension of time for appeal should be granted

Ratio Decidendi

The appellants had no real prospect of success on appeal as the Deputy Master properly exercised discretion in refusing an adjournment, the respondent was entitled to summary judgment for specific performance, and no arguable defence was established.

Court Disposition

applications dismissed

Orders

  • Applications for permission to appeal and extension of time are dismissed