Best Beat Ltd v Mourant & Co Trustees Ltd & Anor

Best Beat Ltd v Mourant & Co Trustees Ltd & Anor

The express terms of clause 2.6 of the variation agreement required the release to be executed by 2nd November 2008. The deed of release was not unconditionally delivered by that date. The Claimant has not established that there is no real defence to the claim for specific performance, and the application for summary judgment must be dismissed.

Parties
Claimant: Best Beat Ltd (In Liquidation); Defendant: Mourant & Co Trustees Ltd; Defendant: Mourant Property Trustees Ltd
Jurisdiction
England and Wales
Judgment Date
18 December 2008
Procedural Posture
Civil / Summary Judgment Application (part 24)
Outcome
Application for summary judgment dismissed
Legal Topics
Specific Performance, Variation of Contract, Interpretation of Contract Terms, Vacant Possession, Release of Proprietary Interest
Contract Law Property Law Insolvency Law Specific Performance Variation of Contract Interpretation of Contract Terms Vacant Possession Release of Proprietary Interest

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Parties

Best Beat Ltd (In Liquidation)

Claimant

Mourant & Co Trustees Ltd

Defendant

Mourant Property Trustees Ltd

Defendant

Procedural Posture

Civil / Summary Judgment Application (part 24)

Legal Issues

  1. 1 Whether the Claimant is entitled to specific performance of the contract for sale of property
  2. 2 Whether the Claimant complied with the requirements of clause 2.6 of the variation agreement
  3. 3 Whether the deed of release was obtained by the Longstop Date

Ratio Decidendi

The express terms of clause 2.6 of the variation agreement required the release to be executed by 2nd November 2008. The deed of release was not unconditionally delivered by that date. The Claimant has not established that there is no real defence to the claim for specific performance, and the application for summary judgment must be dismissed.

Court Disposition

Application for summary judgment dismissed

Orders

  • Claimant’s Part 24 application dismissed