000			01537cab a2200289 4500
001			ABS51108
008			090401t1994 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u10554
041			_aeng
245			_aEller v Grovecrest Investments Ltd
260			_c1994
350			_a0
490			_aEstates Gazette _v(9427) EG 9 July 1994, 139-142(4)
520			_aCA 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.
650			_aAMERICAN CYANAMID CO V ETHICON LTD
650			_aDEBT
650			_aDISTRAINT
650			_aDISTRESS
650			_aEQUITABLE SET-OFF
650			_aEQUITY
650			_aJUDICATURE ACT 1873
650			_aJUDICATURE ACT 1875
650			_aREPLEVIN
690			_aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942			_n0
948			_c04/03/1997
999			_c6674 _d6674