13 Nov 2013
Even if the initial telephone agreement created a personal obligation, the extensive post‑contract email exchanges culminating in the 8 September 2010 communication effected a novation whereby JAG Living Limited became obligated to repay the advance with the agreed interest, so the undisclosed principal doctrine did not render Mudgway personally liable.
22 Jul 2011
The plaintiff failed to show a serious question to be tried that a binding oral contract existed because the evidence disclosed at best a conditional arrangement lacking an agreed time for satisfaction of the condition (finance) and the implication of necessary terms could not be justified; in addition there was no evidence that specific performance would be appropriate (no showing that quota was unique or unavailable on the market); the balance of convenience favoured defendants because they had contracted with a third party and a caveat would prejudice that purchaser; therefore the Court di…