Failbetter Games Limited v Alexis Kennedy

Failbetter Games Limited v Alexis Kennedy

The application to strike out or grant summary judgment on paragraphs 26.2, 27, and 28 of the Defence must fail. The pleaded facts, if established, could potentially amount to unfairness justifying refusal of specific performance. The trial judge should have the benefit of hearing the relevant evidence and submissions at trial. It cannot be said at this stage that the defence is bound to fail as a matter of law.

Parties
Claimant: Failbetter Games Limited; Defendant: Mr Alexis Kennedy
Jurisdiction
England and Wales
Judgment Date
16 December 2022
Procedural Posture
Civil (company/contract) / Interlocutory Application (strike Out and Summary Judgment)
Outcome
Application dismissed
Legal Topics
Specific Performance, Discretionary Remedies, Share Transfer Agreements, Strike Out Applications, Summary Judgment
Contract Law Equity Company Law Specific Performance Discretionary Remedies Share Transfer Agreements Strike Out Applications Summary Judgment

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Parties

Failbetter Games Limited

Claimant

Mr Alexis Kennedy

Defendant

Procedural Posture

Civil (company/contract) / Interlocutory Application (strike Out and Summary Judgment)

Legal Issues

  1. 1 Whether paragraphs 26.2, 27, and 28 of the Defence disclose any reasonable grounds for defending the claim for specific performance of the Share Agreement
  2. 2 Whether the Defendant has any real prospect of successfully defending the claim for specific performance based on the pleaded facts
  3. 3 Whether the pleaded facts could amount to a defence in law to specific performance

Ratio Decidendi

The application to strike out or grant summary judgment on paragraphs 26.2, 27, and 28 of the Defence must fail. The pleaded facts, if established, could potentially amount to unfairness justifying refusal of specific performance. The trial judge should have the benefit of hearing the relevant evidence and submissions at trial. It cannot be said at this stage that the defence is bound to fail as a matter of law.

Court Disposition

Application dismissed

Orders

  • The Claimant’s application to strike out paragraphs 26.2, 27, and 28 of the Defence is dismissed.
  • The Claimant’s application for summary judgment on the same paragraphs is dismissed.