Mareva Injunction

  • Material non-disclosure – Whether good arguable case – Arbitration – Stay of proceedings – Whether injunction should be discharged or continued pending hearing of arbitration – GTE Reinsurance Co. Ltd. v. Belvedere Underwriting Agents Ltd . Civ. Jur. 1997 No. 403, 6 March 1998.
  • Jurisdiction – Bermuda – injunction issued in connection with the registration of a foreign judgment under the Judgments (Reciprocal Enforcement) Act 1958 – whether a substantive cause of action in existence – ‘The Siskina’ applied Berliner Bank A.G. v. John Karageorgis and Silver Carriers S.A [1997] Bda LR 37; (1997/98) 1 O.F.L.R. 145.
  • Utilicorp United Inc. and Aquila Energy Resources Corp v Renfro and Bermuda Trust Company Ltd and Hickory Hill Corp. [1994] Bda LR 79 – worldwide Mareva injunction – forum non conveniens – tracing claim – fraud – discovery – non-disclosure – indorsement of writ
  • Walsh and Taal v Horizon Bank International Limited (in provisional liquidation) [2006] Bda LR 42 – Mareva injunction – tracing claim – proprietary claim – constructive trust – appropriate forum – competent forum – depletion of assets
  • Kingate Global Fund Ltd v. Bank of Bermuda et al [2009] Bda LR 44 – failed subscribers in Madoff Feeder Fund – Mareva injunction – special purpose trust – tracing

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