Application to adjourn execution of settlement refused

The claimant, Absolute Living Developments Ltd (in liquidation), had previously reached a settlement to effect the sale of certain property. A Tomlin order was filed on 29 November 2018, which stayed proceedings, but allowed the parties to apply to the court to enforce the terms of the agreement without bringing a new claim.

With a completion date for the property sale less than three weeks away, the liquidator for the claimant made an urgent application to enforce the terms of the Tomlin order. The defendant requested that the hearing be adjourned, as the matter was not urgent, there was insufficient time to deal with the application, and they had insufficient time to prepare.

The adjournment was refused on the basis that the matter was urgent, and while there was no prejudice to the defendant in proceedings, there would be considerable prejudice to the liquidation estate if the property sale were to be lost. The claimant had ample time to prepare for the hearing, having received three weeks’ notice of proceedings.

Absolute Living Developments Ltd v DS7 Ltd [2022] WL 01309883

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