Gerald v Ward

• Jurisdiction: Barbados
• Judge: Douglas, C.J.
• Judgment Date: 05 May 1969
• Neutral Citation: BB 1969 HC 8
• Docket Number: No. 141 of 1969
• Date: 05 May 1969
• Court: High Court (Barbados)

High Court

Douglas, C.J.

No. 141 of 1969

Gerald

and

Ward

Appearances:

Mr. G. Niles, Q.C. for the plaintiff instructed by Mr. W.I. Griffith.

Mr. W. Hanschell, Q.C. for the defendant instructed by Messrs. Cottle, Catford and Co.

Injunction - Interlocutory injunction — Whether plaintiff must have an interest in the property in relation to which he seeks an injunction

Douglas, C.J.

1 In. these proceedings the plaintiff seeks an injunction restraining the defendant from selling, parting with or otherwise disposing of an unfinished dwelling house the subject matter of an action brought by the plaintiff for breach of contract.

2 On January 7, 1969 the parties entered into a building contract whereby in consideration of the sum of forty five thousand dollars the plaintiff was to erect a dwelling house in accordance with plans and specifications agreed by the parties.

3 The plaintiff pleads that he began construction towards the end of November, 1968, and states that he provided materials, paid for labour and otherwise incurred expense on the contract to the extent of $4,504.84. He admits that he has received from the defendant sums amounting to $6,780 which sums he says are part payment of the contract price.

4 Under the terms of the building contract the sum of twelve thousand dollars was to be paid to the plaintiff on the execution of the agreement, that is, on the 7th of January, 1969. This amount, according to the plaintiff, the defendant has failed to pay.

5 For the defendant it is urged that the application cannot lie because the plaintiff has no interest in the property over which he seeks an injunction and, in the alternative, since the building contract contains an arbitration clause, failure to refer the dispute to arbitration is a complete answer to the claim.

6 To deal with the latter point first, clause 19 of the building contract provides for reference to arbitration:

“In case any dispute or difference whatsoever shall arise … as to whether the said work is being properly and effectually executed or as to the quality of the materials used by the contractors or as to the construction of these presents or as to any other matter or thing whatsoever herein contained…”

7 It is not yet open to me to say on the present state of the pleading, no defence having yet been filed, whether any dispute or difference arises between the parties as regards the construction of the agreement or as...