Quest Advisors Ltd v McFeely & Anor

Quest Advisors Ltd v McFeely & Anor

Quest Advisors Limited is the party to the Agreement; the assignment to Sharriba Limited is ineffective as regards the right to require leases; Quest did not repudiate the Agreement; the obligation to grant leases binds both defendants, conditional on payment of the required contribution.

Parties
Claimant: Quest Advisors Limited; Claimant: Sharriba Limited; Defendant: Thomas Bernard McFeely; Defendant: Conal Derek McFeely
Jurisdiction
England and Wales
Judgment Date
22 October 2009
Procedural Posture
Civil / Judgment
Outcome
Declaration granted in favour of Quest Advisors Limited, conditional on payment.
Legal Topics
Assignment of Contract, Repudiatory Breach, Land Registration, Leasehold Interests, Novation
Property Law Contract Law Assignment of Contract Repudiatory Breach Land Registration Leasehold Interests Novation

Case Brief

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Parties

Quest Advisors Limited

Claimant

Sharriba Limited

Claimant

Thomas Bernard McFeely

Defendant

Conal Derek McFeely

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Quest Advisors Limited is the party to the Agreement
  2. 2 Whether the benefit of the Agreement was validly assigned to Sharriba Limited
  3. 3 Whether Quest repudiated the Agreement

Ratio Decidendi

Quest Advisors Limited is the party to the Agreement; the assignment to Sharriba Limited is ineffective as regards the right to require leases; Quest did not repudiate the Agreement; the obligation to grant leases binds both defendants, conditional on payment of the required contribution.

Court Disposition

Declaration granted in favour of Quest Advisors Limited, conditional on payment.

Orders

  • Declaration that Defendants are obliged to grant leases of ground floor commercial space to Quest or as it may direct, provided required contribution is paid.
  • Further relief to be determined after hearing Counsel.