Cashbox PLC
11 July 2007
Cashbox PLC ('Cashbox' or 'the Company')
Further re Litigation
On 10 July 2007, the Honourable Mr. Justice Peter Smith handed down judgment on
Cashbox ATM Systems Limited (the 'Company's subsidiary') and Carl Thomas'
application for permission to appeal against the summary judgment of Master
Bowles dated 29 November 2006 in the ongoing proceedings brought by Hanco ATM
Systems Limited ('Hanco').
The Company's subsidiary was granted permission to appeal against the decision
of Master Bowles that it had knowingly received a document containing Hanco's
trading terms and conditions. That aspect of the appeal was subsequently allowed
and Hanco's application for summary judgment in relation to the Company's
subsidiary's knowing receipt of Hanco's terms and conditions was dismissed.
The Company's subsidiary and Carl Thomas were refused permission to appeal
against all other aspects of the Master's summary judgment award.
The Company's subsidiary and Carl Thomas were ordered to make the payment on
account of costs of £150,000 previously ordered by Master Bowles on 21 February
2007, within 14 days. The Company's subsidiary and Carl Thomas were further
ordered to pay, within 14 days, Hanco's costs of the application for permission
to appeal and of the appeal itself summarily assessed at £49,760.
The Company has a joint and several indemnity from Carl Thomas and Anthony Sharp
against any liability arising from or in connection with this litigation and is
in the process of writing to both indemnifiers, following the order for costs,
calling on the indemnities.
Hanco's application for an interim payment in relation to quantum is listed for
hearing on 30 July 2007. The Company's subsidiary's position remains that Hanco
will not be entitled to anything other than nominal recovery because Hanco would
not have secured Phase II of the Threshers contract in any event; and Phase II
of the Threshers contract was not profitable for the Company's subsidiary.
- Ends -
Cashbox PLC 0870 126 2274
Ciaran Morton, Chief Executive
Threadneedle Communications 020 7936 9606
Josh Royston/Graham Herring
Seymour Pierce Ltd 020 7107 8000
Jonathan Wright
Fairfax I.S. PLC 020 7598 5368
Ewan Leggat
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