ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
BIRMINGHAM MERCANTILE COURT
His Honour Judge Simon Brown Q.C.
Strand, London, WC2A 2LL
B e f o r e :
Vice-President of the Court of Appeal, Civil Division
LADY JUSTICE SMITH
LORD JUSTICE MOORE-BICK
| BULBINDER SINGH SANDHU
(trading as Isher Fashions UK)
|- and -
|(1) JET STAR RETAIL LIMITED
(2) MICHAEL HEALY
(3) NEIL BENNETT
Mr. Adam Goodison (instructed by SGH Solicitors) for the respondents
Hearing date : 22nd March 2011
Crown Copyright ©
Lord Justice Moore-Bick :
"whether the claimant has any claim as pleaded in the particulars of claim in respect of any goods:
(i) held in stock by the first defendant upon its entering into administration on 19th November 2009 but sold before the sale of the business to Internacionale Retail Limited on 25th November 2008; or
(ii) held in stock by the first defendant at the time of the administration and delivered to Internacionale Retail Limited pursuant to the 25th November 2008 agreement."
"6. PROPERTY AND RISK
. . .
6.2 Isher Fashions shall retain property, title and ownership of the Products until it has received payment in full in cash or cleared funds of all sums due and/or owing for all Products supplied to the Customer by Isher Fashions under this Contract and any other agreement between Isher Fashions and the Customer.
If the Customer
. . .
7.1.4 . . . has a bankruptcy petition presented against it, has appointed in respect of it or any of its assets a liquidator, . . . receiver, administrative receiver, administrator or similar officer . . .
then Isher Fashions shall have the right, without prejudice to any other remedies, to exercise any or all of the following rights:
. . .
7.1.9 Isher Fashions may require the customer not to re-sell or part with the possession of any Products owned by Isher Fashions until the Customer has paid in full all sums due to Isher Fashions under this Contract or any other agreement with the Customer;"
Lady Justice Smith:
Lord Justice Maurice Kay: