Cases - Harwood Construction Ltd v Lantrode Ltd
Record details
- Name
- Harwood Construction Ltd v Lantrode Ltd
- Date
- (2000)
- Citation
- Unreported
- Legislation
- Keywords
- Adjudication - construction contract - enforcement of adjudicator's decision -set-off - right of set-off - ongoing litigation - insolvency - insolvency of party - stay of execution
- Summary
-
Lantrode sought to resist the enforcement of an adjudicator's decision on three grounds: firstly, on the basis that there was on-going litigation between the parties; secondly, it was claimed that Lantrode had a right to set off against the sum that the adjudicator decided was due; and thirdly, Lantrode claimed that Harwood was or maybe insolvent.
With regard to the first ground, the judge dismissed this on the basis that adjudication is intended to determine the dispute on an interim and temporary basis pending resolution in other proceedings by litigation or arbitration.
With regard to the second ground, the judge followed the course taken in previous decisions by refusing to allow set-off.
With regard to the third ground, a winding-up petition had been presented and a hearing was scheduled for two weeks after the hearing for the summary judgment application. The judge concluded that the evidence before him was insufficient to enable him to be confident of whether the winding-up petition would succeed or fail. In the circumstances, the judge granted the summary judgment but stayed execution until after the hearing of the petition to wind-up Harwood.