MOTTRAM CONSULTANTS LTD. v. BERNARD SUNLEY & SONS LTD.

[1975] 2 Lloyd's Rep. 197

HOUSE OF LORDS

Before Lord Morris of Borth-y-Gest,1 Lord Hodson, Lord Wilberforce, Lord Cross of Chelsea and Lord Salmon1

Contract - Building contract - Agreement by plaintiffs to build a supermarket for defendants in Republic of Zaire - Architect to give interim certificate showing sums paid by plaintiffs for local expenditure - Monthly interim certificate to be used for money spent in purchasing materials outside Zaire - Defendants to pay sum certified by architect to plaintiffs within 7 days - Agreement varied so that plaintiffs' imprest accounts showing sums paid out were to take place of weekly certificate - Any adjustment necessary to be made in architect's monthly certificate - Refusal by defendants to pay on ground that imprest accounts wrongly made up - Claim by plaintiffs for summary judgment under R.S.C., O. 14 for money due - Whether leave to defend should be given. Procedure - Summary judgment - Whether leave to defend should be given - Whether defendants had arguable case.