000			01290cab a2200181 4500
001			ABS40631
008			090401t1989 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u25133
041			_aeng
245			_aBecton Dickinson UK Ltd v Zwebner
260			_c1989
350			_a0
490			_aEstates Gazette _v(1989) 13 EG 65-70(4)
520			_aAppeal 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.
690			_aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942			_n0
948			_c04/03/1997
999			_c16859 _d16859