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1st Autolinx Ltd v Vassilieou
[2004] EWHC 3415 (QB), [2004] All ER (D) 230 (Jul)
Court: QBD
Judgment Date: 14/07/2004
EMPLOYMENT - CONTRACT OF EMPLOYMENT - REMUNERATION - USE OF COMPANY CREDIT CARD - DEFENDANT MAKING PERSONAL PURCHASES ON COMPANY CREDIT CARD - COMPANY'S LIQUIDATORS SEEKING REIMBURSEMENT OF SUCH EXPENDITURE - DEFENDANT ARGUING EXPENDITURE PART OF REMUNERATION FOR WORK DONE - LIABILITY OF DEFENDANT TO REIMBURSE COMPANY'S LIQUIDATORS
The defendant's husband was the controlling mind behind the claimant company. The defendant had a company credit card on which she made a number of purchases. The claimant went into liquidation. The liquidators took the view that that defendant had made purchases on the credit card for her own personal use and sought reimbursement in respect of such sums. To that end, the claimant issued the instant proceedings.The defendant argued that such moneys had been part of her remuneration for work done for the claimant. To that end, she relied on two invoices which had been seen by her accountant which purported to show work which she had done. There were no confirmatory documents in respect of those invoices in the company's records. The defendant's original position was that the credit card formed part of her remuneration package. Her position altered so that, after her husband had given evidence, she contended that her husband had been paid various unspecified amounts on her behalf, and that no calculation had taken place to determine the net amount due after deduction of the credit card purchases.
Held - On the evidence, the defendant had used the credit card for personal use. Whether or not she was entitled to remuneration from the claimant, the defendant had not shown that the personal expenditure on the credit card had formed part of any such remuneration.The claim would, accordingly, be allowed.