Oriental Express (Scotland) Ltd v Purewal Enterprises Ltd [2008] ScotCS CSOH_129 (05 September 2008)

Service of the irritancy notice by the defenders, while an interim interdict was in force prohibiting interference with the pursuers' right to use and occupy the premises, constituted a clear breach of that interdict.

Citation: [2008] ScotCS CSOH_129
Parties: Pursuer: Cathay Loon Fung 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: Order granted against defenders for breach of interdict
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

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Parties

Cathay Loon Fung Limited

Pursuer

Purewal Enterprises Limited

Defender

Procedural Posture

Civil (commercial Lease Dispute) / Hearing on Minute Alleging Breach of Interim Interdict

Legal Issues

1 Whether service of an irritancy notice by the defenders constituted a breach of interim interdict
2 Whether the minute alleging breach was validly instructed given the appointment of a provisional liquidator
3 Whether the defenders' procedural requests for delay were justified

Ratio Decidendi

Court Disposition

Order granted against defenders for breach of interdict

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.