Norcliffe Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

C'LAlM NO E 52 of 1985

IN THE MATTER OF NORCLIFFE

LIMITED.

AND 1

IN THE MATTER OF THE

COMPANIES ACT

Mrs. Jennifer Hobson-Hector for the Petitioner. I !

Mr. Alando Terrelonge for the Respondent. 1

Company - Debt due to it by person deemed trustee - Judgment

Summons - Whether judgment debt attracts simple or compound

interest - Date to which interest accrues at the rate ordered - \Vhether

debt settled by payment to shareholder - Whether trustee may set off

against debt dividends due to him as shareholder

21" December, 2006 & 4th January, 2007

BROOKS, J.

Recording the title of this claim was not the least of the challenges

which it presented. The claim started life with one title and ended, in this

Judgnlent Summons before me, with quite another. The genesis of the

present summons is an order of Chester Orr, J. made on 3 1" July 1990. That

order was made as a result of complaints by Mrs. Norma Butler about Mr.

Radcliffe Butler's handling of the affairs of their family company Norcliffe

Limited. The Butlers each held 50% of the shareholding in the company.