Cathay Loon Fung Ltd v Purewal Enterprises Ltd [2008] ScotCS CSOH_130 (05 September 2008)

Cathay Loon Fung Ltd v Purewal Enterprises Ltd [2008] ScotCS CSOH_130 (05 September 2008)

Service of the irritancy notice by the defenders was a breach of the interim interdict, as it constituted an act interfering with the pursuers' right to use and occupy the premises, regardless of the underlying dispute about the validity of the pre-irritancy notice or the insolvency of the pursuers.

Citation
[2008] ScotCS CSOH_130
Parties
Pursuer: Oriental Express (Scotland) Limited; Defender: Purewal Enterprises Limited
Jurisdiction
Scotland
Judgment Date
05 September 2008
Procedural Posture
Civil Commercial Lease Dispute / Hearing on Minute Alleging Breach of Interim Interdict
Outcome
Minute upheld; breach of interim interdict found against defenders.
Legal Topics
Lease Irritancy, Interim Interdict, Authority of Company Directors During Liquidation, Contempt of Court
Property Law Commercial Law Insolvency Law Lease Irritancy Interim Interdict Authority of Company Directors During Liquidation Contempt of Court

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Oriental Express (Scotland) Limited

Pursuer

Purewal Enterprises Limited

Defender

Procedural Posture

Civil Commercial Lease Dispute / Hearing on Minute Alleging Breach of Interim Interdict

Legal Issues

  1. 1 Whether service of an irritancy notice by the defenders constituted a breach of interim interdict
  2. 2 Whether the minute alleging breach was validly lodged given the appointment of a provisional liquidator
  3. 3 Whether the defenders' actions interfered with the pursuers' right to use and occupy the premises

Ratio Decidendi

Service of the irritancy notice by the defenders was a breach of the interim interdict, as it constituted an act interfering with the pursuers' right to use and occupy the premises, regardless of the underlying dispute about the validity of the pre-irritancy notice or the insolvency of the pursuers.

Court Disposition

Minute upheld; breach of interim interdict found against defenders.

Orders

  • An office holder of the defenders is ordained to appear personally at the bar of the court to explain the breach of interdict.
  • Defenders may take steps to purge their contempt, which will be considered in future disposal.