Van Embden and others vs Cap du Bonheur Pty Ltd and others (CS 324.2007) [2014] SCSC 184 (12 May 2014)

Van Embden and others vs Cap du Bonheur Pty Ltd and others (CS 324.2007) [2014] SCSC 184 (12 May 2014)

The agreement between the parties is rescinded by consent, escrow funds are to be apportioned 75% to plaintiffs and 25% to the first defendant, and parties are barred from further proceedings except for enforcement of this judgment.

Citation
[2014] SCSC 184
Parties
Plaintiff: Marco Van Embden; Plaintiff: Neville Brauer; Defendant: Cap Du Bonheur Pty Ltd; Defendant: Estate Brokerage International Limited; Defendant: Gaetanne Antat; Defendant: Vanessa Payet
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 May 2014
Case Number
CS 324.2007
Procedural Posture
Civil / Judgment by Consent
Outcome
Judgment by consent; suit fully and finally settled and closed.
Legal Topics
Rescission of Contract, Settlement, Escrow Funds
Source Language
English
Contract Law Rescission of Contract Settlement Escrow Funds

Case Brief

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Parties

Marco Van Embden

Plaintiff

Neville Brauer

Plaintiff

Cap Du Bonheur Pty Ltd

Defendant

Estate Brokerage International Limited

Defendant

Gaetanne Antat

Defendant

Vanessa Payet

Defendant

Procedural Posture

Civil / Judgment by Consent

Legal Issues

  1. 1 Whether the agreement between the parties should be rescinded
  2. 2 How the escrow funds should be apportioned
  3. 3 Whether parties are barred from instituting further proceedings

Ratio Decidendi

The agreement between the parties is rescinded by consent, escrow funds are to be apportioned 75% to plaintiffs and 25% to the first defendant, and parties are barred from further proceedings except for enforcement of this judgment.

Court Disposition

Judgment by consent; suit fully and finally settled and closed.

Orders

  • The agreement between the parties is rescinded.
  • Escrow funds of USD290,165.91 to be apportioned 75% to plaintiffs and 25% to first defendant.