Becton Dickinson UK Ltd v Zwebner
Language: English Series: Estates Gazette ; (1989) 13 EG 65-70(4)Publication details: 1989Subject(s): Summary: Appeal by defendant (Z) from master`s decision in favour of the plaintiffs (B) by way of summary judgment under Ord 14. In 1973 B leased offices for 20 years and in 1984 assigned the residue of the lease to a company of which Z, who was not party to the assignment , was a director. Z covenanted with the lessors (L) that the rents would by paid by the assignees. The assignees defaulted and went into liquidation , owing money to L. L demanded and received payment from B as lessees, who then demanded payment from Z which was refused. Master gave judgment for B. Z appealed. QBD dismissed the appeal on the broad ground of a right to reimbursement which carries a right of subrogation, where there is a primary and secondary liability for the same debt. Z`s liability was primary and B`s secondary. Z had no arguable defence to B`s claim.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS40631 (Browse shelf(Opens below)) | 1 | Available | 25133-1001 |
Appeal by defendant (Z) from master`s decision in favour of the plaintiffs (B) by way of summary judgment under Ord 14. In 1973 B leased offices for 20 years and in 1984 assigned the residue of the lease to a company of which Z, who was not party to the assignment , was a director. Z covenanted with the lessors (L) that the rents would by paid by the assignees. The assignees defaulted and went into liquidation , owing money to L. L demanded and received payment from B as lessees, who then demanded payment from Z which was refused. Master gave judgment for B. Z appealed. QBD dismissed the appeal on the broad ground of a right to reimbursement which carries a right of subrogation, where there is a primary and secondary liability for the same debt. Z`s liability was primary and B`s secondary. Z had no arguable defence to B`s claim.