Brown & Anor (Joint Administrators of Questway Ltd) v Pelosi [2013] ScotCS CSOH_191 (11 December 2013)

Brown & Anor (Joint Administrators of Questway Ltd) v Pelosi [2013] ScotCS CSOH_191 (11 December 2013)

The defender is ordered to pay £125,000 with interest at 8% per annum from 4 October 2011 to the date of payment, as no separate defence was advanced regarding the claim for the price paid by the third party for the property.

Citation
[2013] ScotCS CSOH_191
Parties
Pursuer: Alan Alexander Brown and John Bruce Cartwright, the joint administrators of Questway Limited; Defender: Norman Ralph Pelosi
Jurisdiction
Scotland
Judgment Date
11 December 2013
Procedural Posture
Civil / Judgment
Outcome
order for payment
Legal Topics
Administration of Insolvent Companies, Recovery of Company Assets
Insolvency Commercial Law Administration of Insolvent Companies Recovery of Company Assets

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Alan Alexander Brown and John Bruce Cartwright, the joint administrators of Questway Limited

Pursuer

Norman Ralph Pelosi

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defender is liable to make payment to the joint administrators of Questway Limited for the price paid by a third party for 64 Roslea Drive, Glasgow

Ratio Decidendi

The defender is ordered to pay £125,000 with interest at 8% per annum from 4 October 2011 to the date of payment, as no separate defence was advanced regarding the claim for the price paid by the third party for the property.

Court Disposition

order for payment

Orders

  • Defender to pay pursuers £125,000 with interest at 8% per annum from 4 October 2011 to date of payment
  • Case put out by order for further procedure