Tomes v Coke Wallis [2002] JRC 131A (17 July 2002)

Tomes v Coke Wallis [2002] JRC 131A (17 July 2002)

The obligation to pay £5,200 under clause 5(1) was clear, certain, and unconditional, and the defence raised was not a valid answer; summary judgment was appropriate for this sum. The claim for £856.07 under clause 19(2) involved disputed calculations and was not sufficiently certain for summary judgment.

Citation
[2002] JRC 131A
Parties
Plaintiff: CPT; First Defendant: PCW
Jurisdiction
Jersey
Judgment Date
17 July 2002
Procedural Posture
Civil / Application for Summary Judgment; Appeal From Summary Judgment
Outcome
summary judgment granted in part, dismissed in part
Legal Topics
Summary Judgment, Partnership Dissolution, Contractual Obligations, Interest on Debts
Contract Law Civil Procedure Summary Judgment Partnership Dissolution Contractual Obligations Interest on Debts

Case Brief

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Parties

CPT

Plaintiff

PCW

First Defendant

Procedural Posture

Civil / Application for Summary Judgment; Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the first defendant is liable to pay £5,200 under clause 5(1) of the partnership dissolution agreement
  2. 2 Whether the plaintiff is entitled to summary judgment for £856.07 under clause 19(2) of the agreement

Ratio Decidendi

The obligation to pay £5,200 under clause 5(1) was clear, certain, and unconditional, and the defence raised was not a valid answer; summary judgment was appropriate for this sum. The claim for £856.07 under clause 19(2) involved disputed calculations and was not sufficiently certain for summary judgment.

Court Disposition

summary judgment granted in part, dismissed in part

Orders

  • Summary judgment granted to the plaintiff for £5,200 plus interest at 2% above Barclays Bank plc base rate from 1 September 2000 until payment.
  • Application for summary judgment for £856.07 dismissed.