BOSH v V2 Taxi & Tour Agency Ltd & Ors (No 1) [2020] SHSC 567_1 (27 October 2020)
Judgment is entered for the plaintiff due to the defendants' failure to serve a defence as ordered; the amount due will be assessed, with the defendants given an opportunity to provide evidence of repayments within 14 days, failing which the amount claimed by the plaintiff will be deemed due.
Source-derived case information.
- Citation
- [2020] SHSC 567_1
- Parties
- Plaintiff: Bank of St Helena; Defendant: V2 Taxi & Tour Agency Limited; Defendant: Lucille Miriam Jane Johnson; Defendant: Patrick Rex Henry
- Jurisdiction
- St Helena
- Procedural Posture
- Civil / Judgment on Default of Defence
- Outcome
- Judgment for the plaintiff in default of defence; amount to be assessed.
- Legal Topics
- Default Judgment, Assessment of Damages, Loan Repayment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bank of St Helena
Plaintiff
V2 Taxi & Tour Agency Limited
Defendant
Lucille Miriam Jane Johnson
Defendant
Patrick Rex Henry
Defendant
Procedural Posture
Civil / Judgment on Default of Defence
Legal Issues
- 1 Whether judgment should be entered for the plaintiff due to defendants' default in serving a defence
- 2 How the amount due to the plaintiff should be assessed
Ratio Decidendi
Judgment is entered for the plaintiff due to the defendants' failure to serve a defence as ordered; the amount due will be assessed, with the defendants given an opportunity to provide evidence of repayments within 14 days, failing which the amount claimed by the plaintiff will be deemed due.
Court Disposition
Judgment for the plaintiff in default of defence; amount to be assessed.
Orders
- Judgment entered forthwith on the plaintiff's claim in an amount to be assessed.
- Defendants to file and serve evidence of repayments within 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
Judgment Bank of St Helena -v- (1) V2 Taxi & Tour Agency Limited & (2) Lucille Miriam Jane Johnson & (3) Patrick Rex Henry Order made 27 th October 2020 The Chief Justice Charles Ekins HAVING HEARD Mrs I Ellick, Lay Advocate, on behalf of the Plaintiff AND HAVING HEARD Ms C Wade, Lay Advocate, on behalf of the Defendants AND HAVING HEARD from the Second and Third named Defendants in person additionally IT IS ORDERED: 1. That, in default of service of a defence as ordered by the Order dated 9 th July 2020, Judgment be entered forthwith on the Plaintiff's claim in an amount to be assessed. 2. That within 14 days of the date hereof the Defendants shall file with the Court and serve upon the Plaintiff evidence of all repayments alleged to have been made by the Defendants to the Plaintiff on the sums advanced by the Plaintiff the subject of the Plaintiff's claim; and the amount thus claimed by the Defendants properly to be due to the Plaintiff under the Plaintiff's claim. In default thereof the amount assessed as due to the Plaintiff under the Judgement herein shall be the sum claimed and alleged to be due by the affidavit of Mrs I Ellick dated 20th October 2020. Charles Ekins, The Chief Justice 27th October 2020 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII