5/27/2015
START DATE
END DATE
19-Jun-15
Michael MacLean et al v. Mexico Infrastructure Finance LLC
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Court of Appeal for Bermuda
Civil Law
Bell JA; Baker P; Bernard JA
Eugene Johnston (J2 Chambers)
Ben Adamson (Conyers Dill & Pearman)
FACTS OF THE CASE:
The appeal sought to overturn Mr. Justice Hellman's decision granting summary judgment to Mexico Infrastructure Finance LLC for approximately US$19397000 against Par-La-Ville Hotel and Residences Ltd (PLV) questioning the jurisdiction of Bermuda courts based on a non-exclusive jurisdiction clause favoring New York courts and arguing against the denial of a request for adjournment
SUMMARY:
Whether Bermuda was the proper jurisdiction for the lawsuit and if the non-exclusive jurisdiction clause for New York courts prevented Bermuda courts from hearing the case and if an adjournment should have been granted
OUTCOMES:
The Court of Appeal dismissed the motion for leave to appeal upheld Bermuda's jurisdiction as appropriate due to the non-exclusive nature of the jurisdiction clause and deemed the request for adjournment unfounded
RULED IN FAVOUR OF:
Defendant (Mexico Infrastructure Finance LLC)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Michael MacLean et al v. Mexico Infrastructure Finance LLC
The appeal sought to overturn Mr. Justice Hellman's decision granting summary judgment to Mexico Infrastructure Finance LLC for approximately US$19397000 against Par-La-Ville Hotel and Residences Ltd (PLV) questioning the jurisdiction of Bermuda courts based on a non-exclusive jurisdiction clause favoring New York courts and arguing against the denial of a request for adjournment