In re Northern Rockdrillers Ltd. v [1981] JLR 9 (10 February 1981)

In re Northern Rockdrillers Ltd. v [1981] JLR 9 (10 February 1981)

A contractor is not entitled to claim funds in a joint account with a sub-contractor unless it is established that the sub-contractor defaulted in performance before desastre.

Citation
[1981] JLR 9
Parties
Sub Contractor: Northern Rockdrillers Ltd.; Contractor: [Unnamed Contractor]
Jurisdiction
Jersey
Judgment Date
10 February 1981
Procedural Posture
Banking Dispute / Judgment
Outcome
Contractor not entitled to funds without proof of sub-contractor default before desastre.
Legal Topics
Joint Accounts, Performance Bonds, Sub Contractor Rights
Banking Law Contract Law Joint Accounts Performance Bonds Sub Contractor Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Northern Rockdrillers Ltd.

Sub Contractor

[Unnamed Contractor]

Contractor

Procedural Posture

Banking Dispute / Judgment

Legal Issues

  1. 1 Whether funds in a joint account between a sub-contractor and contractor are equivalent to a performance bond
  2. 2 Whether the contractor is entitled to claim funds in the joint account without establishing sub-contractor default before desastre

Ratio Decidendi

A contractor is not entitled to claim funds in a joint account with a sub-contractor unless it is established that the sub-contractor defaulted in performance before desastre.

Court Disposition

Contractor not entitled to funds without proof of sub-contractor default before desastre.