The claimant sought summary judgment for recovery of three aircraft (valued at US$36m each) leased to the defendant after non-payment of instalments. The defendant said that the default was based on a demand for supplementary rents which had not been invoiced.
Held: The agreement provided for the rents to be payable without demand. The other defences suggested by the defendant, with the exception that it might be granted relief from forfeiture, were hopeless. Subject to deciding speedily on relief, summary judgment would be granted.
Judges:
Teare J
Citations:
[2009] EWHC 3142 (Comm)
Links:
Citing:
Cited – Holme And Another v Guppy And Another 1838
The plaintiffs, on the 19th April, 1836, entered into a written contract to build, for the sum of 1700l., a brewery for the defenclants, so far as regarded the carpenters’ work, within the space of four months and a half next ensuing the date (if . .
Cited – More Og Romsdal Fylkesbatar AS v The Demise Charterers of the Ship JUTUNHEIM ComC 2004
Relief against forfeiture under a lease agreement is available, ‘provided that the object of the transaction and of the insertion of the right to forfeit for non-payment of money is essentially to secure the payment of that money or is security for . .
Cited – Bank of Boston Connecticut v European Grain and Shipping Ltd (‘The Dominique’) CA 1987
. .
Cited – Shiloh Spinners Ltd v Harding HL 13-Dec-1972
A right of re-entry had been reserved in the lease on the assignment (and not on the initial grant) of a term of years in order to reinforce covenants (to support, fence and repair) which were taken for the benefit of other retained land of the . .
Cited – The Cape Hatteras 1982
. .
Cited – Bank of Boston Connecticut v European Grain and Shipping Ltd (‘The Dominique’) HL 1989
A shipping company and a shipper responsible for the freight disputed the effect of their contract. The ship was duly loaded with its cargo and set out for the voyage from India to Europe. The bills of lading were signed. When the ship called at . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 07 August 2022; Ref: scu.381768