Bermuda Law Reports - What's New

New cases of Note

 

Paiva v Hamiltonian Hotel & Island Club Ltd

[2007] Bda LR 65

Original Location:
Vol. 64, P. 134

Original Docket Number:
2006 No. 49

Subjects: application for injunction - public nuisance - unsafe retaining wall


Cox v Cox (Police Constable)

[2007] Bda LR 64

Original Location:
Vol. 64, P. 136

Original Docket Number:
2006 No. 36

Subjects: possession of bladed weapon (machete) - criminal damage - appeal against conviction and sentence of 3 years imprisonment - circumstantial evidence - mandatory minimum sentence - whether unconstitutional


M v M (Permanent Removal Application)

[2007] Bda LR 66

Original Location:
Vol. 64, P. 149

Original Docket Number:
2000 No. 22

Subjects: permanent removal of children from the jurisdiction - mother Canadian - father did not have Bermudian status and had no right to remain following conviction for status-related fraud - transfer of jurisdiction to Ontario


Forth v Furbert

[2007] Bda LR 67

Original Location:
Vol. 64, P. 163

Original Docket Number:
2006 No. 201

Subjects: construction dispute - unpaid debt of $80,623.77 plus loan of $49,920.00 - discovery - evidence of double charging


Brown v Bermuda Press (Holdings) Ltd and others

[2007] Bda LR 69

Original Location:
Vol. 64, P. 189

Original Docket Number:
2007 No. 196

Subjects: Bermuda Police Service investigation into affairs of Bermuda Housing Corporation - damages for libel - public interest - defamation - injunction restraining defendants from publishing further material - application for leave to re-amend - application for adjournment - application for interim injunction


First Atlantic Commerce Ltd v Bank of Bermuda Ltd

[2007] Bda LR 70

Original Location:
Vol. 64, P. 198

Original Docket Number:
2004 No. 51

Subjects: application for costs - action agreed by both sides no longer to be tried - discontinuance - indemnity costs


Rodrigues Trucking & Excavating Ltd v The Minister of the Environment, Telecommunications & E-Commerce

[2007] Bda LR 68

Original Location:
Vol. 64, P. 207

Original Docket Number:
2007 No.232

Subjects: appeal against decision of the Minister not to grant operating licences - application to amend grounds of appeal - breach of planning regulations - material change of use - anticipatory breach - legitimate expectation - delay


Re IPOC Capital Partners Ltd

[2007] Bda LR 71

Original Docket Number:
2007 No. 12

Subjects: directions for winding-up - versions of undertaking


Furbert v Swan and others

[2007] Bda LR 77

Original Docket Number:
2005 No. 29

Subjects: summary judgment - whether issue to be tried - lease of portion of building - overpayment of rent - equitable set-off


Woods v Raynor (Police Constable)

[2007] Bda LR 72

Original Docket Number:
2007 No. 37

Subjects: breaking and entering with intent to steal - appeal against conviction and sentence - identification


Ting and others v Borrelli (as liquidator of Akai Holdings Ltd) and others

[2007] Bda LR 73

Original Docket Number:
2006 No. 312

Subjects: insolvent liquidation - whether compromise agreement enforceable - whether Hong Kong proceedings in breach of compromise agreement - non-disclosure - forgeries for validation of proxies - construction of Settlement Agreement - duty of directors and former directors - sharp practice - clean hands and equity


Re IPOC International Growth Fund Limited and others

[2007] Bda LR 74

Original Docket Number:
2007 No 12, 12A-12H

Subjects: validation application regarding Master Settlement Agreement - immorality of specific clause in the settlement agreement to do with non-cooperation in criminal proceedings - public policy - application to appoint provisional liquidator - money laundering


S v S (Variation)

[2007] Bda LR 75

Original Docket Number:
2004 No. 196

Subjects: variation of consent order - changes in circumstances - contempt - whether argument for variation could be heard while in default of order for maintenance


Wingate v Butterfield Trust (Bermuda) Limited

[2007] Bda LR 76

Original Docket Number:
2007 No. 136

Subjects: trust set up for beneficiaries - breach of trust by defendant - fees and expenses - ordering of common form accounts - limitation - summary judgment application - disclosure of trust documents


Rubaine v King

[2008] Bda LR 1

Original Docket Number:
2006 No. 6

Subjects: preliminary issues - whether binding and enforceable agreement to transfer beneficial ownership and legal title to property - whether non-Bermudian may hold constructive and/or resulting trust over property without licence - compromise - lack of qualification of attorney - agency - consideration


Marshall and others v Deputy Governor, Govenor, Attorney General and White
Eve v Deputy Governor, Governor and Attorney General

[2008] Bda LR 6

Original Docket Number:
2006 No. 369 2007 No. 58

Subjects: conscription for military service in the Bermuda Regiment - duty of respondents to give full evidence - judicial review - recruitment practices - whether quota should extend to women - discrimination - delegation of authority to publish notice