Ingram-Ellis v Ingram [2011] CKHC 36; Misc09.2011 (7 April 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CIVIL DIVISION)
MISC. NO. 9/2011

IN THE MATTER of Section 49 of the Judicature Act 1980-81 and Section 139 of the Cook Islands Act 1915

ter">BETWEEN

ALEXANDRA EDWINA KETURA INGRAM-ELLIS, EVELYN TE ANUA INGRAM, VINCENT ALFRED KURA TERATU INGRAM, IMOGA INGROWLAND GEORGE MAGE MAHUTA INGRAM and WILLIAM KELLY JOHN NUHN NUMANGATINI INGRAM
Plaintiffs

AND

PAMELA ADELINE VINCENT TAKIORA INGRAM
Defendant

Hearing: 7 April 2011

Counsel: Ms S Is S Inder for Plaintiffs
No appearance by Mr Petero for the Defendant
Judgment: 7 April 201
lign=er"ntb>JUDGMENDGMENT OF HUGH WILLIAMS J
[APPLICATION FOR CHARGING GING ORDERORDER]

Solicitors:C Petero, Rarotonga onga

[1] In this long-running matter costs orders against the defendant were made on 17 June 2010 in procee CAgs160;2/10;2/10 for $520.00, and on 8 October 2010 in Plaint No&#1/2009 i009 in the sum of $13,246.71. Payment has not been made and the plaintiffs now seek an order charging the dividends receivable by the defendant fromcompain order to satisfy the amounts due to them. The The dividdividends are apparently payable in April of this year. There is no opposition but the defendant has been advised of the application and the hearing.

[2] Pursuant to s 49 of the JudicatureJudgmendgments of the High Court may be enforced by charging orders against either realty or personally and accordingly there issdiction to make the charging orders sought.

[3] There will accordingly be an Ordn Order under s 43 charging any dividpayablayable by J & P Ingram Limited and Ingram Properties Limited to the defendant to the extent of $13,766.71, together witerest at 10 percent per annum ur 2160;206 of the Code of Civil Procedure on60;on the sum of $52from from 17 June 2010 to tte of hearing, 7&#, 7 April 2011 fromdahe date of hearihearing to the date of payment. Interest similarly wi chare on um of $13,246.71 from 8 October 2060;2010 e dahe of Judgmendgment and from trom the dahe date of Judgment to the date of payment.

[4] In addition, the defendant is ordered to pay costs in the sum of $731.00 with interest on that sum from the date of Judgment to the date of payment, and payment similarly secured by way of charging order under s 43.

Hugh Williams J

Derived from the Court’s electronic records and believed to be correct and final.