Allscot -v- AC Mauger [2011] JRC 048 (03 March 2011)

Allscot -v- AC Mauger [2011] JRC 048 (03 March 2011)

The defendant failed to provide any affidavit or evidence to contradict the plaintiff's evidence that the alternative fitting was compatible and properly installed with the defendant's agreement. There was no triable issue or arguable defence, so summary judgment was granted for the plaintiff.

Citation
[2011] JRC 048
Parties
Plaintiff: Allscot Limited; Defendant: A C Mauger and Sons Limited
Jurisdiction
Jersey
Judgment Date
03 March 2011
Procedural Posture
Civil Appeal / Appeal From Master's Refusal of Summary Judgment
Outcome
appeal allowed; summary judgment granted to plaintiff
Legal Topics
Summary Judgment, Set Off, Counterclaim, Breach of Contract, Sub Contractor Liability
Civil Procedure Contract Law Construction Law Summary Judgment Set Off Counterclaim Breach of Contract Sub Contractor Liability

Case Brief

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Parties

Allscot Limited

Plaintiff

A C Mauger and Sons Limited

Defendant

Procedural Posture

Civil Appeal / Appeal From Master's Refusal of Summary Judgment

Legal Issues

  1. 1 Whether the defendant has a triable defence to the plaintiff's claim for payment of invoices and retention monies
  2. 2 Whether summary judgment should be granted to the plaintiff
  3. 3 Whether the counterclaim should be struck out

Ratio Decidendi

The defendant failed to provide any affidavit or evidence to contradict the plaintiff's evidence that the alternative fitting was compatible and properly installed with the defendant's agreement. There was no triable issue or arguable defence, so summary judgment was granted for the plaintiff.

Court Disposition

appeal allowed; summary judgment granted to plaintiff

Orders

  • Judgment for the plaintiff in the sum of £13,347.72
  • No stay of execution