Pickle Properties Ltd v Plant (British Virgin Islands)

Pickle Properties Ltd v Plant (British Virgin Islands)

There was no evidence that the properties were sold at an undervalue or that Mr Plant received an unjust benefit; the judge's findings were not undermined by delay; the Court of Appeal properly scrutinised the judgment; Pickle failed to establish any error attributable to delay or any basis to disturb the concurrent findings; Mr Plant was entitled to equitable contribution.

Parties
Appellant: Pickle Properties Ltd; Respondent: Plant
Jurisdiction
England and Wales
Judgment Date
29 March 2021
Procedural Posture
Civil Appeal / Final Appellate Judgment (privy Council)
Outcome
appeal dismissed
Legal Topics
Equitable Contribution, Guarantee Liability, Delay in Judgment, Sale at Undervalue, Contractual Authority
Civil Procedure Equity Contract Equitable Contribution Guarantee Liability Delay in Judgment Sale at Undervalue Contractual Authority

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Parties

Pickle Properties Ltd

Appellant

Plant

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (privy Council)

Legal Issues

  1. 1 Whether excessive judicial delay rendered the first instance judgment unsafe and deprived Pickle of a fair trial
  2. 2 Whether the properties were sold at an undervalue and Mr Plant received an unjust benefit
  3. 3 Whether Mr Plant was entitled to equitable contribution from Pickle under the guarantee

Ratio Decidendi

There was no evidence that the properties were sold at an undervalue or that Mr Plant received an unjust benefit; the judge's findings were not undermined by delay; the Court of Appeal properly scrutinised the judgment; Pickle failed to establish any error attributable to delay or any basis to disturb the concurrent findings; Mr Plant was entitled to equitable contribution.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.