Workers Trust & Merchant Bank Ltd v Dojap Investments Ltd
Jurisdiction | UK Non-devolved |
Judgment Date | 1993 |
Year | 1993 |
Date | 1993 |
Court | Privy Council |
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134 cases
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Amble Assets Llp ((in Administration)) and Another v Longbenton Foods Ltd ((in Administration))
...of contract, 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 suc......
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UK Housing Alliance (North West) Ltd v Francis
...A.C. 694, 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 appli......
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Metro Alliance Holdings & Equities Corp v WestLB AG
...[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......
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Melissa Menelaou (Respondent/Claimant) v Bank of Cyprus UK Ltd
...can be correct. A deposit is no more than 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 ......
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6 books & journal articles
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Restitution
...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 ......
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RESTRAINING A CALL ON A PERFORMANCE BOND: SHOULD ‘FRAUD OR UNCONSCIONABILITY’ BE THE NEW ORTHODOXY?
...[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 ......
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Restitution and Disgorgement
...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......
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Mind the gap! Payment of price and transfer of title
...facilities. 1 Modern Privy Council appeals from the Caribbean alone include Workers Trust and Merchant Bank. Ltd v Dojap Investments Ltd [1993] 2 WLR 702; Racoon Ltd v Turnbull [1997) AC 158; Ho Young v Bess [1995] 1 WLR 350; British American Cattle Co Ltd v Caribe Farm Industries Ltd [1998......
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