Cole v Billington & Anor

Cole v Billington & Anor

The judge properly limited the charge to the amount of the judgment debt, credited Mrs Billington with half of the £150,000 as the evidence showed joint benefit, and did not breach natural justice as parties had opportunity to address the issue.

Parties
Respondent: Anthony Cole; Appellant: Rosalee Billington; Appellant: Keith Billington
Jurisdiction
England and Wales
Judgment Date
17 April 2013
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Fraudulent Transfer, Creditor Protection, Judgment Enforcement
Insolvency Property Law Fraudulent Transfer Creditor Protection Judgment Enforcement

Case Brief

Summary, issues, holding and outcome

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Parties

Anthony Cole

Respondent

Rosalee Billington

Appellant

Keith Billington

Appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether Mrs Billington should be credited for the full £150,000 in the calculation of the gift element
  2. 2 Whether Mrs Billington should be credited for £140,016.08 paid towards the purchase of 35 St Asaph Avenue, Kinmel Bay
  3. 3 Whether the judge breached natural justice by halving the credit for the £150,000

Ratio Decidendi

The judge properly limited the charge to the amount of the judgment debt, credited Mrs Billington with half of the £150,000 as the evidence showed joint benefit, and did not breach natural justice as parties had opportunity to address the issue.

Court Disposition

Appeal dismissed

Orders

  • The property known as The Orchard stands charged with the amount of the judgment debt (£429,033) in favour of Mr Cole.
  • Costs orders as previously made by the trial judge.