Fraud/Fraudulent Conveyance

  • Bermuda – Conveyancing Act 1983, s. 37 – Company law – shares – declaration of dividend in specie – Whether dividend in specie capable of being a fraudulent conveyance – Pleading – Whether statement of claim should be struck out – BF&M Limited and others v. The Bermuda Fire & Marine Insurance Co. Ltd. (in liquidation) & others [1996] Bda LR 63.
  • Wilson and Craig v First Bermuda Securities Ltd and others [1998] Bda LR 16 – application for leave to appeal order to strike out – option agreement – false representation
  • Fidelity Advisor Series VIII and others v APP China Group Ltd [2006] Bda LR 70 – application to set aside subpoenas shortly before scheduled trial date – legal professional privilege – whether evidence is necessary to fairly dispose of action
  • Fidelity Advisor Series VIII and others v APP China Group Ltd [2007] Bda LR 35 – fraud – application to set aside order for scheme of arrangement – admissibility of records of telephone calls – estoppel – tort of deceit
  • Lisa SA v Leamington Reinsurance Company Ltd and Avicola Villalobos SA [2008] Bda LR 51 – fraud – reinsurance contracts – whether indirect interest in Leamington was sold by sale of company shares – whether actionable injury – conspiracy to defraud
  • Re Stewardship Credit Arbitrage Fund Ltd; BNY AIS Nominees Ltd and others v Stewardship Credit Arbitrage Fund Ltd. [2008] Bda LR 67 – redemption of shares – action for disputed debt leading to insolvency of fund company – petition to wind up company – fraud
  • Walsh and Taal v Horizon Bank International Limited (in liquidation) [2008] Bda LR 16 – fraud – beneficial ownership of offshore bank – tracing claim – scope of investment authority – breach of fiduciary duty – conspiracy

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