Enforcement

  • Georgia Technologies Ltd. v NTI Resources Ltd. [1996] Bda LR 73 – specific performance – appropriate forum – summary judgment – stay of proceedings
  • Imperial Hotel Company Limited v Bermuda Business Club Limited and Duzevic [1997] Bda LR 17 – non compliance with order – payment of rent – repair of premises
  • Berliner Bank AG v Karageorgis and Silver Carriers SA [1997] Bda LR 37, (1997/98) 1 O.F.L.R. 145 –  ex parte order for Mareva injunction – whether a substantive cause of action in existence – enforcement of English judgment
  • FG Hemisphere Associates LLC v Democratic Republic of the Congo and the Office Congolais des Postes et Telecommunications [2005] Bda LR 26 – application by New Skies for enforcement of foreign judgment – service out of the jurisdiction – locus standi.  On appeal sub nomine: New Skies Satellite BV v. FG Hemisphere Associates LLC [2005] Bda LR 59 – enforcement of judgment – competing claims – priority – sovereign immunity – service out of the jurisdiction – arbitration award
  • Shanahan and Antares LLC v. Maurice Vallat et al [2007] Bda LR 29 – letter of request – application to set aside – laches – counter application to strike-out – locus standi – abuse of process
  • Munib Masri v. Consolidated Contractors International Company SAL, Teyseer Contracting Company WLL (Intervenor) [2009] Bda LR 6 – reciprocal enforcement – security for costs – jurisdiction to order costs against a non-party – application for immediate payment of legal costs – fortification of undertaking
  • Munib Masri v. Consolidated Contractors International Company SAL, Teyseer Contracting Company WLL (Intervenor) [2010] Bda LR 21 – enforcement of judgment debt – contested receivership – registration of UK judgment in Bermuda – whether receiver can be appointed to collect joint debt – situs of debt. On appeal [2011]: whether intervenor has standing to apply to discharge receivership order
  • BNY AIS Nominees Ltd and others  v New Stream Capital Fund Ltd [2010] Bda LR 34 – mutual fund companies – segregated accounts company – appointment of receiver – segregated assets under plan – impact of insolvency on directors’ ordinary management powers

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