Le Blanc v Le Blanc
| Jurisdiction | Saint Kitts and Nevis |
| Judge | Williams, J. |
| Judgment Date | 21 November 2014 |
| Neutral Citation | KN 2014 HC 22 |
| Docket Number | NEVHMT 9 of 2003 |
| Court | High Court (Saint Kitts and Nevis) |
| Date | 21 November 2014 |
High Court
Williams, J.(Ag.)
NEVHMT 9 of 2003
Ms. Kalisia Isaacs for the Judgment Creditor/Respondent.
Ms. Midge Morton for the Judgment Debtor/Petitioner
Civil practice and procedure - Application for order of committal for failure to comply with order to pay judgment debtor — Whether courts power to make committal order was triggered — Discretionary power — Imprisonment not an inevitable consequence of a breach — Alternative options to recover judgment debt not pursued by judgment creditor — Finding that the type of debt and the circumstances of the case not such that attracted a custodial sentence where it was in default — Application struck out — Part 53 of the Civil Practice and Procedure Rules.
Williams, J. (Ag): The matter before the Court is a Request for Oral Examination of the Judgment Debtor supported by an Affidavit of the Judgment Creditor of the same date filed by the Judgment Debtor dated the 27 th June 2014 pursuant to Part 44.5 of the CPR 2000.
The Judgment Creditor Jesica Idona Le Blanc has applied to the Court for 1. An Order that the Judgment Debtor Angelo Gabriel Le Blanc attend Court to provide Information about the Judgment Debtor's means and any other information needed to enforce the Order of the Court dated the 17 th May 2010. 2. An Order that the Judgment Debtor within fourteen (14) days complete, file and serve the Record of Examination set out in Practice Direction 44 No. 8 of 2011.
The Judgment Debtor was required by an Order of the Court dated the 17 th May 2010 to pay the Judgment Creditor $200,000.00 exclusive of Interest in final settlement of Ancillary proceedings. The amount that was due and owing was $117,011.45 with interest accruing daily at a rate of $12.60. The said Order also required the Judgment Debtor to liquidate the debt in two instalments. An amount of $108,000.00 was to be paid within 3 months of the date of the said Order and the remaining $92,000.00 was to be paid by the 31 st December 2012.
On the 17th January 2011, the Judgment Debtor paid to the Judgment Creditor a sum of $54,338.00 being part payment of the initial $108,000.00; on the 14th December 2011, the Judgment Debtor paid the sum of $53,661.20 which represented the final payment on the first Order of $108,000.00. The remaining $92,000.00 plus interest has been reduced to $59,891.73 as a result of a payment of the Judgment Debtor of $58,278.92 on the 24th September 2014.
The Judgment Creditor also claims that the Judgment Debtor has failed to comply with the Order of the Court of the 9 th November 2007, where by the Judgment Debtor was ordered to pay $650.00 monthly as maintenance to the child of the family Jeson Le Blanc until the child attained eighteen years or continuing beyond that age should the said child pursue higher education.
The Judgment Creditor states that the said child “Jeson Le Blanc” is over 18 years but is presently pursuing his undergraduate degree at the University of the Virgin Islands and therefore the Judgment Debtor must comply with the Orders of the Court of the 9 th May 2007 and 17 th May 2010.
In relation to this issue the Judgment Debtor stated in Oral examination on the 30 th October 2014 that the said Jason Le Blanc is pursuing his University studies through a fully funded scholarship. Mr. Le Blanc provided no documentary evidence of his statement that a full scholarship was awarded to his son. Notwithstanding this omission by the Judgment Debtor he is still mandated by Order of the Court to provide maintenance of $650.00 per month to his son until he completes his University undergraduate degree. Therefore since Mr. Le Blanc suspended the payment of $650.00 from April 2011 he would now have to pay arrears of Maintenance from that period until his son completes his University undergraduate degree.
The Judgment Debtor Mr. Le Blanc also provided Oral Evidence to the Court on the status of his Assets and liabilities in response to the Judgment Creditor's request to the Court for an enforcement of the Order of the Court of the 17 th May 2010. Essentially the Judgment Creditor Mrs. Le Blanc now seeks payment of the balance of the Judgment debt of $59,891.73.
The Court now has to determine how this Judgment debt is to be paid applying the principles of fairness to the parties.
The issue for determination by the Court is whether the Judgment Debtor has the means to liquidate the debt owed to the Judgment Creditor pursuant to the Order of the Court of the 17 th May 2010.
The Court's jurisdiction to grant financial provision to a spouse and any child or children of the Marriage, on Divorce is contained in the Divorce Act No. 32 of 2005 of St. Kitts and Nevis.
Section 13 (4) expressly stipulates that the Court shall in making an Order under this Section take into consideration, the condition, means, needs and other circumstances of each spouse and of any child of the marriage for whom support is sought.
Section 13 (6) states that an Order made under this Section that provides for the support of a spouse shall
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(a.) Recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown.
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(b.) Apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above the obligation apportioned between the spouses pursuant to Section (7).
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(c.) Relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
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(d.) In so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable time.
In Oral Examination of the Judgment Debtor, Mr. Le Blanc was referred to the several exhibits that he had tendered in evidence by Counsel for the Judgment Creditor Ms. Kalisia Isaacs in particular a bill of the 28 th May 2014 from Cable & Wireless. The Judgment Debtor stated that the account holder is Caribbean Smiles and that his name does not appear on any of the bills from Cable & Wireless.
In relation to the bills from Caribbean Cable Communications, Mr. Le Blanc stated that the account holders are Melissa and Rodney Flemming the persons from whom he rents a house.
Mr. Le Blanc claimed that he paid all his utility bills from Income derived from his Lab, and that his Lab and Caribbean Smiles were two separate entities. He kept repeating that he paid his bills as they came to him and that his average Income was not fixed. He stated further that when he took his earnings from the Lab, he paid himself by way of cash.
Mr. Le Blanc admitted that he had taken a loan from RBTT, and that the Judgment Creditor did not get anything from that loan. He claimed he had shown the same evidence to the Bank in Dominica that he had showed to the Court to get the loan.
When cross examined by Counsel for the Judgment Creditor about his Bank accounts in Dominica, Mr. Le Blanc stated that he did not have a savings account in Dominica, but he had a Loan account which he serviced from Nevis. Mr. Le Blanc did not provide any documentary evidence of the servicing of the Dominica Loan transaction and responded to questioning from Counsel that “you only have my word”.
In his Affidavit of the 14 th October 2013, at paragraph 15 Mr. Le Blanc detailed his monthly expenses at $9502.12 and at paragraph 16 of the said Affidavit, he listed his Income from October 2013 to September 2014. Mr. Le Blanc stated in Oral examination that his average income was...
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