Paradise Island Ltd v Wells

• Jurisdiction: Bahamas
• Judge: Adams, J.
• Judgment Date: 24 April 1987
• Court: Supreme Court (Bahamas)
• Docket Number: No. 31 of 1987
• Date: 24 April 1987

Supreme Court

Adams, J.

No. 31 of 1987

Paradise Island Limited

and

Wells

Mr. J.F.M. Bethell for plaintiff.

Mr. Charles Mackay for defendant

Industrial law - Wrongful dismissal — Plaintiff sought a declaration that the defendant was not entitled to interest demanded from an interlocutory judgment — Ruling that the declaration be granted to the defendant — Defendant ordered to pay plaintiff $3,071.25 with interest at 6% per annum from the date of payment.

Adams, J.

1 The plaintiff sought by originating summons a declaration that the defendant was not entitled to interest demanded from 26th July 1983, the date of the interlocutory judgment, to 17th December 1985 and which was paid to the defendant by the plaintiff.

2 The plaintiff also sought an order for the return of the sum paid with interest at 9% per annum from 16th May 1986. The plaintiff also claimed costs. The plaintiff did not pursue its claim for aggravated damages.

3 The defendant had instituted an action for damages for wrongful dismissal against the plaintiff and had entered on 26th July 1983 an interlocutory judgment in default of defence for damages to be assessed and costs under rule 3 of Order 19 of the Rules of the Supreme Court, 1978.

4 The hearing of the assessment of damages was heard and eventually concluded by the Registrar on 3rd December 1985 when he delivered an oral judgment to the effect that the defendant was entitled to nine months' salary as compensation with costs.

5 After some delay and hesitation on the defendant's part the plaintiff's cheque for $21,333 was accepted by the defendant on 22nd January 1986. The agreed costs were paid on 1st May 1986.

6 On 7th May 1986 the defendant demanded through his attorney interest at the rate of six per centum per annum from the date of the interlocutory judgment to the date of the Registrar's award and the interest amounting to $3,071.25 was paid under protest by the plaintiff on 16th May 1986.

7 The Registrar's written judgment is dated 20th December 1985 and is silent on the point of interest. Mr. Bethell contends that interest should run from the date of final judgment and Mr. Mackay submits that it should run from the signing of the interlocutory judgment.

8 The defendant has sworn that with Mr. Duncombe's concurrence interest on the award was granted by the Registrar from the date judgment was entered, that is, from 26th July 1983. In this he was supported...