Currie v Thornley & Anor

Currie v Thornley & Anor

The Respondents' covenant in Clause 2.1 of the 2012 Deed encompasses payment under APNs as a 'Liability for Taxation'. The Applicant's demands by the December 2018 Letters complied with the notice requirements of the Deed and fixed the due date for payment. The Respondents' arguments for implied terms restricting...

Source-derived case information.

Parties
Applicant: Steven John Currie; Respondent: Peter Thornley; Respondent: Alan Moss
Jurisdiction
England and Wales
Judgment Date
01 February 2019
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the Applicant
Legal Topics
Deed of Indemnity, Tax Liability, Accelerated Payment Notices, Liquidation, Contract Interpretation
Insolvency Contract Deed of Indemnity Tax Liability Accelerated Payment Notices Liquidation Contract Interpretation

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Parties

Steven John Currie

Applicant

Peter Thornley

Respondent

Alan Moss

Respondent

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the Respondents are liable under the 2012 Deed to pay the Company's tax liabilities as demanded by the Applicant
  2. 2 Whether the demands for payment complied with the notice requirements of the 2012 Deed
  3. 3 Whether the APNs constitute a 'Liability for Taxation' under the Deed

Ratio Decidendi

The Respondents' covenant in Clause 2.1 of the 2012 Deed encompasses payment under APNs as a 'Liability for Taxation'. The Applicant's demands by the December 2018 Letters complied with the notice requirements of the Deed and fixed the due date for payment. The Respondents' arguments for implied terms restricting payment obligations are not supported by the contract's wording or necessary for business efficacy. Judgment is given for the Applicant in the sum of £1,365,335.24.

Court Disposition

Judgment for the Applicant

Orders

  • Respondents to pay Applicant £1,365,335.24
  • Further submissions to be heard on consequential directions and costs