South Bank Hotel Management Company Limited v Galliard Hotels Limited & Ors
Section 21(1)(b) of the Limitation Act 1980 applies to South Bank's claim against Mr Conway as a director/trustee because the grant of the Lease and Underlease constituted a conversion of trust property to his use, so the claim is not statute-barred; clause 9 of the Room Leases imposed a continuing obligation on Hotels, which was breached on a continuing basis, entitling South Bank to damages; section 44(5) of the Companies Act 2006 does not validate the Lease and Underlease because the purchasers were not in good faith, and South Bank is not estopped from denying due execution; the issues of…
Source excerpt
- Directors' duties
- Limitation of actions
- Execution of deeds by companies
- Breach of lease
- Estoppel
- Equitable remedies