GBF Financial Management Company Ltd v. Worrallo & Ors [2008] ScotCS CSOH_135 (09 September 2008)

GBF Financial Management Company Ltd v. Worrallo & Ors [2008] ScotCS CSOH_135 (09 September 2008)

The pursuer was in default for failing to appear by solicitor at the By Order hearing and had not taken reasonable steps to prosecute the action. There was no realistic prospect of the pursuer establishing a binding contract, and it was unable to pay the alleged purchase price. The defenders would suffer prejudice if the case remained pending. Decree of absolvitor was appropriate to do justice in the circumstances.

Citation
[2008] ScotCS CSOH_135
Parties
Pursuer: GBF Financial Management Company Limited; Defender: Steven Worrallo; Defender: Rhoda Worrallo; Defender: Island of Little Cumbrae Limited
Jurisdiction
Scotland
Judgment Date
09 September 2008
Procedural Posture
Civil / Motion for Decree by Default (by Order Hearing)
Outcome
decree of absolvitor granted in favour of defenders; expenses awarded to defenders
Legal Topics
Default Judgment, Company Representation, Contract Formation, Interim Interdict, Absolvitor
Civil Procedure Contract Law Company Law Default Judgment Company Representation Contract Formation Interim Interdict Absolvitor

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Parties

GBF Financial Management Company Limited

Pursuer

Steven Worrallo

Defender

Rhoda Worrallo

Defender

Island of Little Cumbrae Limited

Defender

Procedural Posture

Civil / Motion for Decree by Default (by Order Hearing)

Legal Issues

  1. 1 Whether the pursuer is in default for failing to appear by solicitor at the By Order hearing
  2. 2 Whether decree of absolvitor should be granted against the pursuer for failure to comply with court orders and lack of prosecution
  3. 3 Whether there was a binding contract for the sale of shares

Ratio Decidendi

The pursuer was in default for failing to appear by solicitor at the By Order hearing and had not taken reasonable steps to prosecute the action. There was no realistic prospect of the pursuer establishing a binding contract, and it was unable to pay the alleged purchase price. The defenders would suffer prejudice if the case remained pending. Decree of absolvitor was appropriate to do justice in the circumstances.

Court Disposition

decree of absolvitor granted in favour of defenders; expenses awarded to defenders

Orders

  • Decree of absolvitor granted
  • Defenders awarded expenses of the action