Kerdene Ltd v Watkins & Ors

Kerdene Ltd v Watkins & Ors

The appeals are stayed because the court cannot resolve the legal issues regarding liability under forms A and B without further factual findings, particularly as appellants with form B conveyances did not have a proper opportunity to present their arguments below. The matter is remitted to the lower court for determination of relevant facts and legal issues, with directions for mediation and cost-saving measures.

Parties
Respondent: Kerdene Ltd; Applicant: Mr Hancock; Applicant: Mr Wilkinson; Applicant: Mr Morland; Applicant: Mr Turner; Applicant: Mr and Mrs Bone; Applicant: Miss Belton; Applicant: Mr Russell; Applicant: Mr Rabey; Applicant: Mr Waiton; Applicant: Miss Sell; Applicant: Mr Wilson; Applicant: Mr Dalton; Applicant: Mr Watkins; Applicant: Mr and Mrs Walker; Applicant: Mr Lyndon
Jurisdiction
England and Wales
Judgment Date
22 November 2011
Procedural Posture
Civil Appeal / Appeal From County Court; Application for Stay and Directions
Outcome
Appeals stayed; directions for further proceedings and mediation; costs reserved
Legal Topics
Enforcement of Positive Covenants, Benefit and Burden Doctrine, Appeals Procedure, Costs, Mediation
Property Law Civil Procedure Enforcement of Positive Covenants Benefit and Burden Doctrine Appeals Procedure Costs Mediation

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Parties

Kerdene Ltd

Respondent

Mr Hancock

Applicant

Mr Wilkinson

Applicant

Mr Morland

Applicant

Mr Turner

Applicant

Mr and Mrs Bone

Applicant

Miss Belton

Applicant

Mr Russell

Applicant

Mr Rabey

Applicant

Mr Waiton

Applicant

Miss Sell

Applicant

Mr Wilson

Applicant

Mr Dalton

Applicant

Mr Watkins

Applicant

Mr and Mrs Walker

Applicant

Mr Lyndon

Applicant

Procedural Posture

Civil Appeal / Appeal From County Court; Application for Stay and Directions

Legal Issues

  1. 1 Whether subsequent purchasers are liable for charges under positive covenants in conveyances (forms A and B)
  2. 2 Whether factual differences between conveyance forms affect liability
  3. 3 Appropriateness of preliminary issues and need for factual findings

Ratio Decidendi

The appeals are stayed because the court cannot resolve the legal issues regarding liability under forms A and B without further factual findings, particularly as appellants with form B conveyances did not have a proper opportunity to present their arguments below. The matter is remitted to the lower court for determination of relevant facts and legal issues, with directions for mediation and cost-saving measures.

Court Disposition

Appeals stayed; directions for further proceedings and mediation; costs reserved

Orders

  • Appeals by subsequent purchasers stayed pending further factual findings by the lower court
  • Liberty to apply to the lower court for determination of liability under form B conveyances