000 01493cab a2200181 4500
001 ABS41120
008 090401t1989 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u28328
041 _aeng
245 _aFord Sellar Morris Developments Ltd and Another v Grant Seward Ltd and Another
260 _c1989
350 _a0
490 _aEstates Gazette
_v(1989) 29 EG 68-75(4)
520 _aChD 13 July 1989 A motion by plaintiffs (F) seeking a mandatory interlocutory injunction against the defendants (G), requiring G to allow F to enter premises to carry out improvements . It had been agreed that F would grant a lease to G on completion of building works. G was to carry these out to the satisfaction of F. G prepared a specification submitted to F. Disputes arose, F claiming they had approved the specification; G saying that approval was only very general and subject to approval to details before work could be carried out. There was therefore a triable issue as to whether G was contractually obliged to proceed. ChD held, that taking everything into account, including whether G was really in breach of contract or not, the question whether G would have a right under the lease if executed to enter and do the work, the irreversible effect of an interlocutory order and the balance of inconvenience between the parties, this was not the case for a mandatory order. Motion dismis
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c19090
_d19090