Reliance Industries Inc. v Belize Meat Packers Ltd

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Barrington-Jones, J.
• Judgment Date: 31 October 1980
• Docket Number: Action No. 57 of 1978
• Date: 31 October 1980

Supreme Court

Barrington-Jones, J.

Action No. 57 of 1978

Reliance Industries Inc.

and

Belize Meat Packers Ltd.

Mr. D. Lindo for the plaintiff

Mr. D. Courtenay for the defendant

Practice and procedure - Judgment debt — Interest

Barrington-Jones, J.

1 At the hearing on the 24th September, 1980 I gave judgment for the plaintiff in the sum of U.S.$52,927.91 and reversed the question of a claim for interest for further consideration.

2 It is only right to say here that Mr. Courtenay for the defendant strenuously opposed the claim made by the plaintiff for interest on the judgment debt. For his part Mr. Lindo relied on the footnote which he said appears on the originals of the plaintiff's invoices, reading:

“In the event that this invoice is unpaid for more than our credit terms, the customer authorizes Reliance Industries Inc., to charge interest on the unpaid balance at the highest legal rate available on the date of the invoice. If this invoice has to be placed in the hands of an attorney for collection, the customer agrees to pay to said attorney a reasonable attorney fee, together with any and all cost of collecting this invoice.”

3 Mr. Lindo said that the originals of all invoices had been sent to the defendant company, and when he produced the original of No. 09567 dated the 31st December, 1977 Mr. Courtenay asked how this could be if all such originals invoices had been sent to the defendants. Perhaps the answer to this question lies in the fact that No. 09567 of the 31st December, 1977 is not in fact an invoice but a statement of the defendant company's account.

4 The history of the claim for interest can perhaps be gleaned from the copy invoices which were exhibited in court; and it is clear that no interest was charged in respect of the invoices rendered by the plaintiff to the defendant, from the 20th February, 1972 until the 10th June, 1974 when by Invoice No. 5543 interest was charged at 1% in respect of May, 1974. But more importantly there is a reference in this particular invoice to the plaintiff's letter of the 29th April, 1974 which presumably set out the terms under which interest was to be charged.

5 Thereafter interest continued to be charged to the defendant's account, but the percentage arose in June, 1974 from 1% to 13 ¹/₂% and thence to 14% for July, 1974 and continued at this rate until June, 1975, finally amounting to U.S.$9,566.15. It is to be noted that no other claims for interest were apparently invoiced to the defendant company after June, 1975;...