Apvodedo NV v Collins

Apvodedo NV v Collins

The defence of common mistake offers a real prospect of success and cannot be determined on a summary judgment application due to factual disputes requiring trial.

Parties
Claimant: APVODEDO NV; Defendant: TERRY COLLINS
Jurisdiction
England and Wales
Judgment Date
17 April 2008
Procedural Posture
Civil / Summary Judgment Application
Outcome
application dismissed
Legal Topics
Common Mistake, Condition Precedent, Summary Judgment, Fraud
Contract Law Common Mistake Condition Precedent Summary Judgment Fraud

Case Brief

Summary, issues, holding and outcome

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Parties

APVODEDO NV

Claimant

TERRY COLLINS

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the Exclusivity Agreement or clause 10 is void for common mistake
  2. 2 Whether the contract was subject to an unsatisfied condition precedent
  3. 3 Whether summary judgment should be granted given the factual disputes

Ratio Decidendi

The defence of common mistake offers a real prospect of success and cannot be determined on a summary judgment application due to factual disputes requiring trial.

Court Disposition

application dismissed

Orders

  • Summary judgment application dismissed
  • Case to proceed to trial