Jones -v- Lipman and Another; ChD 1962

The defendant had contracted to sell his land. He changed his mind, and formed a company of which he was owner and director, transferred the land to the company, and refused to complete. The plaintiff sought relief.
Held: Specific performance is available against a contracting vendor who has it in his power to compel another person to convey the property in question. An order for specific performance was made against both the director and the company. The company could not escape from or divest itself of its knowledge gained through the director. The company was: ‘A creature of [the controlling director], a device and a sham, a mask which he holds before his face in an attempt to avoid recognition by the eye of equity.’

Court: ChD
Date: 01-Jan-1962
Judges: Russell J
References: [1962] 1 WLR 832, [1962] 1 All ER 442
Cases Cited:
Cited By:

Leave a Comment

Filed under Company, Equity

Leave a Reply