Stannifer Developments Ltd v Clydeport Properties Ltd [2000] ScotCS 31 (1 February 2000)

Stannifer Developments Ltd v Clydeport Properties Ltd [2000] ScotCS 31 (1 February 2000)

The pursuers failed to make relevant averments that the Yard was brought into the partnership stock or became partnership property. The heads of terms and draft agreements indicated that the Yard was to remain the defenders' property until a sale to the pursuers, and there was no evidence of intention to make it partnership property. Consequently, the claims for declarator, accounting, and damages were not supported by relevant averments and must be dismissed.

Citation
[2000] ScotCS 31
Parties
Pursuer: Stannifer Developments Limited; Defender: Clydeport Properties Ltd
Jurisdiction
Scotland
Judgment Date
01 February 2000
Procedural Posture
Civil / Debate on Relevancy (pleadings) Before Outer House, Court of Session
Outcome
Action dismissed
Legal Topics
Joint Ventures, Partnership Property, Breach of Contract, Declarator, Damages
Commercial Law Partnership Law Joint Ventures Partnership Property Breach of Contract Declarator Damages

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Parties

Stannifer Developments Limited

Pursuer

Clydeport Properties Ltd

Defender

Procedural Posture

Civil / Debate on Relevancy (pleadings) Before Outer House, Court of Session

Legal Issues

  1. 1 Whether the Yard became partnership property of a joint venture between the parties
  2. 2 Whether the pursuers have made relevant averments to support claims for declarator, accounting, and damages

Ratio Decidendi

The pursuers failed to make relevant averments that the Yard was brought into the partnership stock or became partnership property. The heads of terms and draft agreements indicated that the Yard was to remain the defenders' property until a sale to the pursuers, and there was no evidence of intention to make it partnership property. Consequently, the claims for declarator, accounting, and damages were not supported by relevant averments and must be dismissed.

Court Disposition

Action dismissed

Orders

  • Sustain the defenders' first plea-in-law and dismiss the action.