Mead General Building Ltd v Dartmoor Properties Ltd [electronic resource]
Mead General Building Ltd v Dartmoor Properties Ltd [electronic resource]
- 2009
[2009] EWHC 200 (TCC) , 04 February 2009. The case considers whether to grant a stay of execution on adjudication enforcement proceedings when the claimant is subject to a Company Voluntary Arrangement (CVA). Dartmoor Properties Ltd (D) contracted with Mead General Building Ltd (M) to carry out a development scheme. A dispute arose between M and D and the matter was brought to adjudication. The adjudicator ordered D to pay M a certain amount, which D refused to do. M sought to enforce the adjudicator's decision. D contested on the grounds that, because M was subject to a CVA, any judgment should be granted a stay of execution. "Held": the fact that M is subject to a CVA is a relevant factor to the Court to decide whether or not to grant a stay of execution of the judgment. M's financial difficulties were due to D's non payment of the sums awarded by the adjudicator. On this basis, the court refused to order a stay of execution.
MEAD GENERAL BUILDING LTD V DARTMOOR PROPERTIES LTD
England and Wales--1543-
[2009] EWHC 200 (TCC) , 04 February 2009. The case considers whether to grant a stay of execution on adjudication enforcement proceedings when the claimant is subject to a Company Voluntary Arrangement (CVA). Dartmoor Properties Ltd (D) contracted with Mead General Building Ltd (M) to carry out a development scheme. A dispute arose between M and D and the matter was brought to adjudication. The adjudicator ordered D to pay M a certain amount, which D refused to do. M sought to enforce the adjudicator's decision. D contested on the grounds that, because M was subject to a CVA, any judgment should be granted a stay of execution. "Held": the fact that M is subject to a CVA is a relevant factor to the Court to decide whether or not to grant a stay of execution of the judgment. M's financial difficulties were due to D's non payment of the sums awarded by the adjudicator. On this basis, the court refused to order a stay of execution.
MEAD GENERAL BUILDING LTD V DARTMOOR PROPERTIES LTD
England and Wales--1543-