QUE JOCELYN CO. t/a SCENTED DELIGHTS v. BROADAIR EXPRESS LTD.

QUE JOCELYN CO. t/a SCENTED DELIGHTS v. BROADAIR EXPRESS LTD.

The statutory demand does not compel payment of interest accruing after the date of the demand; however the defendant is entitled to interest as of right under the judgment for costs. Interest on the taxed costs runs from the date of the judgment (29 April 1997) and is recoverable up to the date of payment into court (12 August 1999). Finley is personally liable for the costs and the interest to the extent of his original liability; the court amended its order accordingly and allocated costs of the appeal and bankruptcy as set out in the decision.

Citation
QUE JOCELYN CO. t/a SCENTED DELIGHTS v. BROADAIR EXPRESS LTD.
Parties
Plaintiff; Judgment Debtor in HCB 612/99: QUE JOCELYN CO trading as SCENTED DELIGHTS; Defendant; Petitioning Creditor in HCB 612/99: BROADAIR EXPRESS LIMITED; Former Solicitor for the Plaintiff; Paid Costs Into Court and Held Personally Liable for Costs and Interest: Mr Stephen Finley
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 January 2000
Case Number
HCA3477/1996
Procedural Posture
Action No.3477 of 1996 and Bankruptcy Proceedings No.612 of 1999 / Decision in Chambers (heard 22 Dec 1999; Decision 31 Jan 2000)
Outcome
Order amended to provide for interest on taxed costs to date of payment into court; Finley held personally liable for costs and interest to the extent of his original liability; costs of appeal and bankruptcy allocated as ordered; no further interest after payment into court; each party to bear own costs of the 22...
Legal Topics
Statutory Demand, Interest on Judgment Debts, Taxed Costs, Amendment of Order, Costs of Appeal, Bankruptcy Petition Costs
Source Language
EN
Bankruptcy Civil Procedure Costs Judgment Interest Statutory Demand Interest on Judgment Debts Taxed Costs Amendment of Order +2 more

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Parties

QUE JOCELYN CO trading as SCENTED DELIGHTS

Plaintiff; Judgment Debtor in HCB 612/99

BROADAIR EXPRESS LIMITED

Defendant; Petitioning Creditor in HCB 612/99

Mr Stephen Finley

Former Solicitor for the Plaintiff; Paid Costs Into Court and Held Personally Liable for Costs and Interest

Procedural Posture

Action No.3477 of 1996 and Bankruptcy Proceedings No.612 of 1999 / Decision in Chambers (heard 22 Dec 1999; Decision 31 Jan 2000)

Legal Issues

  1. 1 Whether a statutory demand requires the debtor to pay interest accruing after the date of the demand
  2. 2 Whether interest on taxed costs is recoverable under the statutory demand or only under the judgment for costs
  3. 3 From what date interest on taxed costs runs and until what date it is recoverable

Ratio Decidendi

The statutory demand does not compel payment of interest accruing after the date of the demand; however the defendant is entitled to interest as of right under the judgment for costs. Interest on the taxed costs runs from the date of the judgment (29 April 1997) and is recoverable up to the date of payment into court (12 August 1999). Finley is personally liable for the costs and the interest to the extent of his original liability; the court amended its order accordingly and allocated costs of the appeal and bankruptcy as set out in the decision.

Court Disposition

Order amended to provide for interest on taxed costs to date of payment into court; Finley held personally liable for costs and interest to the extent of his original liability; costs of appeal and bankruptcy allocated as ordered; no further interest after payment into court; each party to bear own costs of the 22...

Orders

  • Amend paragraph (1): Finley to pay to the Plaintiff $254,431.83 being the taxed costs relating to the summons of 8 November 1996 and interest at judgment rate from 29 April 1997 to date of payment.
  • Amend paragraph (4): upon payment in, (a) pay $266,780.63 to the Defendant in satisfaction of debt owing by the Plaintiff in Bankruptcy No.612 of 1999; (b) pay the amount of interest on $254,431.83 from 29 April 1997 to date of payment in (less $12,348.80 interest already included in the $266,780.63) to the...