1999/210A - Keenan v Timber Tech [1999] UR 210A (10 December 1999)

Exceptional circumstances exist due to hardship to innocent occupants and inadequacy of damages; property in goods passed to applicants upon installation; self-help removal by respondent was unlawful; mandatory injunction granted to restore windows and doors.

Citation: [1999] UR 210A
Parties: Applicant: Mrs Keenan; Applicant: Mr Keenan; Respondent: Timber Tech; Director: Miss Williams; Director: Mr O’Connor
Jurisdiction: Jersey
Judgment Date: 10 December 1999
Procedural Posture: Order of Justice / Interlocutory Application for Mandatory Injunction
Outcome: mandatory injunction granted
Legal Topics: Mandatory Injunction, Sale of Goods, Self Help Remedies, Ownership Transfer, Interlocutory Relief

Contract Law Property Law Civil Procedure Mandatory Injunction Sale of Goods Self Help Remedies Ownership Transfer Interlocutory Relief

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Parties

Mrs Keenan

Applicant

Mr Keenan

Applicant

Timber Tech

Respondent

Miss Williams

Director

Mr O’Connor

Director

Procedural Posture

Order of Justice / Interlocutory Application for Mandatory Injunction

Legal Issues

1 Whether a mandatory injunction should be granted to restore windows and doors removed by the defendant company
2 Whether property in goods passed to the applicants upon installation
3 Whether self-help removal of goods by the defendant was lawful

Ratio Decidendi

Court Disposition

mandatory injunction granted

Orders

Respondent company to restore windows and doors by close of business Tuesday next week.
Costs to stand over until case is decided.