3/9/2017
START DATE
END DATE
24-Apr-23
HSBC BANK OF BERMUDA LIMITED v. JOHN PERCIVAL WHITE (formerly JOHN PERCIVAL SIMMONS)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION MORTGAGE
Mussenden J
Dan Griffin (MJM Limited)
Stephanie Burrows (Trott Smith Bean & Co.) Litigant in Person
FACTS OF THE CASE:
Mr. White sought to set aside a default judgment for $1029732.79 against him questioning the sale prices of mortgaged properties and related costs. The Bank had initiated proceedings for the sale of properties to recover a lending amount of approximately $1600000. The sales and subsequent calculations resulted in Mr. White owing $1032467.79 as of January 2022. Mr. White contested the judgment arguing about his absence due to business in Jamaica and questioning the judgment sum and sale breakdowns.
SUMMARY:
Whether Mr. White has a defense with a real prospect of success; the appropriateness of the sale prices of the mortgaged properties; the calculation of the judgment sum.
OUTCOMES:
The judgment in default was not set aside costs to follow the event in favor of the Bank.
RULED IN FAVOUR OF:
HSBC BANK OF BERMUDA LIMITED
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
Join our pro membership and get all the details at your finger tips
Want to see full case details, including key arguments and claims? [Join Pro Membership] to unlock exclusive insights.
Discover the legal strategies and defenses used in this case. [Join Pro Membership] for full access.
How long did this legal battle last, and what key events happened? [Join Pro Membership] to find out.
Uncover the critical legal principles debated in this case. [Join Pro Membership] for in-depth analysis.
See why this case matters in Banking, Mortgages, and Financial Services. [Join Pro Membership] to explore its impact.
Find out the final judgment and its legal implications. [Join Pro Membership] to access the ruling.
Understand how this judicial ruling sets a precedent in law. [Join Pro Membership] for expert breakdowns.
See how past legal precedents influenced this case. [Join Pro Membership] to unlock the list.
Download Case Summary:
Explore:
EPHESIANS 6:16
PT Satria Tirtatama Energindo v. East Asia Company Limited and Bali Energy Limited
2016
RE: C (VARIATION OF ACCESS ORDER)
2015
In the Matter of IPOC Capital Partners Limited and others
2007
Hindsight law can make mistakes. Consider checking original case studies
HSBC BANK OF BERMUDA LIMITED v. JOHN PERCIVAL WHITE (formerly JOHN PERCIVAL SIMMONS)
Mr. White sought to set aside a default judgment for $1029732.79 against him questioning the sale prices of mortgaged properties and related costs. The Bank had initiated proceedings for the sale of properties to recover a lending amount of approximately $1600000. The sales and subsequent calculations resulted in Mr. White owing $1032467.79 as of January 2022. Mr. White contested the judgment arguing about his absence due to business in Jamaica and questioning the judgment sum and sale breakdowns.