Workers Trust & Merchant Bank Ltd v Dojap Investments Ltd

JurisdictionUK Non-devolved
Judgment Date1993
Year1993
Date1993
CourtPrivy Council

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135 cases
  • Amble Assets Llp ((in Administration)) and Another v Longbenton Foods Ltd ((in Administration))
    • United Kingdom
    • Chancery Division
    • 21 July 2011
    ...and there is no equitable right to relief from forfeiture. He relies on the Privy Council decision of Workers Trust & Merchant Bank Ltd. v. Dojap Investments Ltd [1993] AC 573 where Lord Browne-Wilkinson says at 578F-579A: Ancient law has established that the forfeiture of such a deposit (c......
  • Metro Alliance Holdings & Equities Corporation v WestLB AG
    • Singapore
    • High Court (Singapore)
    • 15 October 2007
    ...[1924] AC 980, Linggi Plantations Ltd v Jagatheesan [1972] 1 MLJ 89 and Workers Trust & Merchant Bank Ltd v Dojup Investments Pte Ltd [1993] 2 WLR 702. The judge concluded that if the deposit was penal, that is, not reasonable as earnest money, the court could grant relief from forfeiture o......
  • UK Housing Alliance (North West) Ltd v Francis
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 February 2010
    ...Shiloh Spinners Ltd v Harding [1973] A.C. 691 and BICC Plc v Burndy Corporation [1985] Ch. 233. 12 Mr Wylie relied on Workers Trust Bank Ltd v Dojap Ltd [1993] A.C. 573 and Transag Haulage Ltd v Leyland DAF [1994] 2 BCLC 88 as exceptions to this principle of law because they applied to forf......
  • Melissa Menelaou (Respondent/Claimant) v Bank of Cyprus UK Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 July 2013
    ...an earnest for performance. As Lord Browne-Wilkinson explained in Workers Trust and Merchant Bank Limited v Dojap Investments Limited [1993] AC 573 at 578–9: "… in the event of completion of the contract it is applicable towards the payment of the purchase price." 53 Accordingly the whole ......
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7 books & journal articles
  • RESTRAINING A CALL ON A PERFORMANCE BOND: SHOULD ‘FRAUD OR UNCONSCIONABILITY’ BE THE NEW ORTHODOXY?
    • Singapore
    • Singapore Academy of Law Journal No. 2000, December 2000
    • 1 December 2000
    ...[1996] 4 All ER 563, at 573. Morison J cited Lord Browne-Wilkinson’s view in Workers Trust and Merchant Bank Ltd v Dojap Investments Ltd[1993] AC 573, at 582, with approval. 237 Ibid, at 573—74. 238 [1997] 1 Lloyd’s Rep 424, at 431. 239 Ibid, at 431. 240 High Court Suit No 2033 of 1997, 28 ......
  • Restitution
    • Singapore
    • Singapore Academy of Law Annual Review No. 2007, December 2007
    • 1 December 2007
    ...involved is found in a liquidated damages clause or a penalty clause. Thus, in Workers Trust & Merchant Bank Ltd v Dojap Investments Ltd[1993] AC 573 (PC, Jamaica) at 578, Lord Browne-Wilkinson said: In general, a contractual provision which requires one party in the event of his breach of ......
  • Restitution and Disgorgement
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Remedies
    • 4 August 2020
    ...payment of 79 (1884), 27 Ch D 89 (CA). 80 Ibid . 81 Ibid at 101, Fry LJ. 82 Workers Trust & Merchant Bank Ltd v Dojap Investments Ltd , [1993] AC 573 (PC). 83 [1939] 1 KB 724 [ Dies ]. See also Mason v Clouet , [1924] AC 980 (PC). Restitution and Disgorgement 1161 £270,000 on a contract for......
  • Restitution and Disgorgement
    • Canada
    • Irwin Books Archive The Law of Contracts Part Six
    • 1 September 2005
    ...74 (1884), 27 Ch. D. 89 (C.A.). 75 Ibid. 76 Ibid. at 101, Fry L.J. 77 Workers Trust & Merchant Bank Ltd. v. Dojap Investments Ltd. , [1993] A.C. 573 (P.C.). 78 [1939] 1 K.B. 724. See also Mason v. Clouet , [1924] A.C. 980 (P.C.). Restitution and Disgorgement 981 ply of a large quantity of r......
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