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6/17/2008

START DATE

END DATE

11/28/2008

J.H. Ting et al. v. C. Borrelli et al.

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Court of Appeal for Bermuda

Civil Law Insolvency

The Honorable Justice Zacca (President) The Honorable Justice Ward The Honorable Justice Auld

Mr. Alun Jones QC and Mr. Mark Diel

Mr. Leslie Kosmin QC and Mr. K. Taylor Appleby

FACTS OF THE CASE:

Akai Holdings' insolvency settlement to prevent liquidators from pursuing claims against Ting and associated companies subsequent discovery of alleged frauds

SUMMARY:

Validity and enforceability of settlement agreement exclusion clauses coverage of fraud claims

OUTCOMES:

Appeal allowed in part

RULED IN FAVOUR OF:

Defendant

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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J.H. Ting et al. v. C. Borrelli et al.

Akai Holdings' insolvency settlement to prevent liquidators from pursuing claims against Ting and associated companies subsequent discovery of alleged frauds

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