A dispute that has been in and out of court since 2016 has returned to the Supreme Court.
This case concerns an agreement dated February 27, 2015 for the sale by Island Management Ltd to Charlet Millen of a business, assets and undertaking known as the Coconet Cafe.
Island Management was acting on behalf of Shyla and Isileli Kali.
The company has been struck off the Register of Companies and is no longer a legal entity capable of being sued.
On June 23, 2016, Lord Chief Justice Paulsen declared that the agreement was a valid contract, that Millen had honoured the terms of the agreement and was ready, willing and able to complete the deal.
He found that the Kalis were in breach of the agreement because they had refused to deliver up possession of the business or assets as agreed.
The judge ordered the defendants to complete the agreement within seven days.
However, the Kalis had refused to comply with the court order.
In June 2017, Lord Chief Justice Paulsen made a timetable for the future conduct of the case.
“There followed a series of procedural skirmishes between the parties requiring further rulings of the Court, changes of Counsel, ill-advised applications and tardiness of the parties which together led to considerable delays,” the judge said.
The Kali’s lawyer stopped representing them and since August last year neither of the Kalis had not taken any part in the proceedings.
Millen argued that since the defendants had refused to comply with the order and failed to complete the agreement the agreement should be cancelled.
“I am satisfied that the defendants repudiated the agreement and have no intention, and now no ability, to complete it,” the judge said.
“Mrs Millen is entitled to a declaration cancelling the agreement with an award of damages to be assessed.”
Lord Chief Justice Paulsen ordered that the agreement be cancelled.
He said Millen was entitled to costs.
The main points
- A dispute that has been in and out of court since 2016 has returned to the Supreme Court.
- This case concerns the sale of a café.
- Lord Chief Justice Paulsen ordered that the agreement be cancelled.