Eller v Grovecrest Investments Ltd
Eller v Grovecrest Investments Ltd
- 1994
- Estates Gazette (9427) EG 9 July 1994, 139-142(4) .
CA 15 February 1994. An appeal by the tenant (E) against a decision discharging an injunction to restrain a distress being levied by the respondent landlord (G). The question of the appeal was whether set-off against a claim for rent can be invoked against a landlord exercising the common law remedy of distress. Held, allowing the appeal. With reference to the position at common law and the court of equity, the judge was of the opinion that the present case should be decided in accordance with principle rather than following cases based upon procedural distinctions of long ago. In applying the principle that a landlord should not recover by distress what he could not recover by an action, the court is now free to hold that equitable set-off is available against a claim to levy a distress.
AMERICAN CYANAMID CO V ETHICON LTD
DEBT
DISTRAINT
DISTRESS
EQUITABLE SET-OFF
EQUITY
JUDICATURE ACT 1873
JUDICATURE ACT 1875
REPLEVIN
CA 15 February 1994. An appeal by the tenant (E) against a decision discharging an injunction to restrain a distress being levied by the respondent landlord (G). The question of the appeal was whether set-off against a claim for rent can be invoked against a landlord exercising the common law remedy of distress. Held, allowing the appeal. With reference to the position at common law and the court of equity, the judge was of the opinion that the present case should be decided in accordance with principle rather than following cases based upon procedural distinctions of long ago. In applying the principle that a landlord should not recover by distress what he could not recover by an action, the court is now free to hold that equitable set-off is available against a claim to levy a distress.
AMERICAN CYANAMID CO V ETHICON LTD
DEBT
DISTRAINT
DISTRESS
EQUITABLE SET-OFF
EQUITY
JUDICATURE ACT 1873
JUDICATURE ACT 1875
REPLEVIN