26 Nov 2021
The Judge correctly construed the DMC and title documents and held the End-Wall to be a common part/external wall; the respondent's factual and expert arguments did not raise a reasonable prospect of success on appeal under s 11AA(6) LTO, therefore leave to appeal and the stay were refused and costs awarded.
30 Jun 2005
The recap telex did not create an operative guarantee by IPH; it was a contractual promise by Simpson Spence on behalf of the charterers to procure a guarantee from IPH. Consequently there was no enforceable guarantee against IPH or Simpson Spence and the plaintiff's claims failed.
17 Oct 1989
The Points of Claim could not properly be struck out: the assignments' language (“all other rights and interests held by the assignor in relation to the debts including without limitation the right to receive interest”) legitimately covered alternative causes of action and other rights related to the scheduled debts; the application was late and futile because parties could perfect assignments and the liquidators' concern was limited to preventing double proof; accordingly the appeal failed and the liquidators' strike‑out application was dismissed.