The New Northumbria Hotel Ltd (Company No. 3699960) v Maymask (148) LLP [2010] EWHC 1273 (Ch) (28 May 2010)

The New Northumbria Hotel Ltd (Company No. 3699960) v Maymask (148) LLP [2010] EWHC 1273 (Ch) (28 May 2010)

There is a serious issue to be tried regarding the ownership and right to possession of the chattels, but except for stationery, consumables, and trading data in tills, damages are an adequate remedy for the Operator. Therefore, an injunction is refused for the balance of the chattels, but specific orders are made for delivery up of stationery and trading data, and an inquiry into consumables.

Citation
[2010] EWHC 1273 (Ch)
Parties
Claimant: The New Northumbria Hotel Limited; Defendant: Maymask (148) LLP
Jurisdiction
England and Wales
Judgment Date
28 May 2010
Procedural Posture
Interim Injunction Application in Conversion Claim / Interim Hearing Before Trial
Outcome
Interim injunction refused except as to stationery, consumables, and trading data in tills; specific orders made for delivery up and inquiry.
Legal Topics
Conversion, Interim Injunctions, Forfeiture of Lease, Ownership of Chattels, Bailment, Restitutionary Damages
Commercial Law Property Law Insolvency Law Conversion Interim Injunctions Forfeiture of Lease Ownership of Chattels Bailment +1 more

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Parties

The New Northumbria Hotel Limited

Claimant

Maymask (148) LLP

Defendant

Procedural Posture

Interim Injunction Application in Conversion Claim / Interim Hearing Before Trial

Legal Issues

  1. 1 Whether the Operator or the Defendant has the better right to possession of chattels at the hotel premises
  2. 2 Whether an interim injunction should be granted restraining the Defendant from using certain chattels
  3. 3 Whether damages are an adequate remedy for the Operator

Ratio Decidendi

There is a serious issue to be tried regarding the ownership and right to possession of the chattels, but except for stationery, consumables, and trading data in tills, damages are an adequate remedy for the Operator. Therefore, an injunction is refused for the balance of the chattels, but specific orders are made for delivery up of stationery and trading data, and an inquiry into consumables.

Court Disposition

Interim injunction refused except as to stationery, consumables, and trading data in tills; specific orders made for delivery up and inquiry.

Orders

  • Order for delivery up of stationery to the Operator forthwith.
  • Order for immediate inquiry into consumables appropriated by the Defendant.