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Judgment

Andrew McGregor Yates v Sonia Radtke - Ruling

G 0357/1996 · 1999-02-22

Interest entitlement; Shortfall in payment; Enforcement of Court of Appeal judgment; Costs discretion

Full metadata
Cause Number G 0357/1996
Court CIGC (Civ)
Judge Smellie CJ
Parties Andrew McGregor Yates v Sonia Radtke - Ruling
Judgment Date 1999-02-22
Subject Interest entitlement; Shortfall in payment; Enforcement of Court of Appeal judgment; Costs discretion
Filename (current) 99-02-22-Andrew-McGregor-Yates-v-Sonia-Radtke.pdf
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In the Grand Court of the Cayman Islands — Civil Division
Cause No. G 0357/1996
Between
Andrew McGregor Yates
- v -
Sonia Radtke - Ruling
Before
Smellie CJ
Judgment delivered 1999-02-22

IN CHAMBERS

IN THE GRAND COURT OF THE CAYMAN ISLANDS

CAUSE 357 OF 1996 - Civil.

BETWEEN: ANDREW MCGREGOR YATES PLAINTIFF

AND: SONIA RADTKE DEFENDANT

Appearances:

Mr. Robert Jones of Ritch & Conolly for the Plaintiff
Mr. Norman Hill Q.C. instructed by H. Delroy Murray for the Defendant

RULING

I do not accept that the defendant should be liable for the plaintiff's error in calculating the amount to be paid in by requiring that the defendant pays interest on the shortfall of $6915.83 from 24.10.97 until today. The plaintiff is entitled to interest on the balance not paid out for the period 24.10.97 to 16.1.98; ie: $3749.82.

The plaintiff to have payment out therefore of the amount which reflects the judgment of the Court of Appeal subject to the shortfall of $6915.83 which is to be made good and subject to its interest entitlement of $3749.82.
No order as to the costs of this application.

Anthony Smellie
CHIEF JUSTICE

DATED THIS 22ND DAY OF FEBRUARY 1999.

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