8/28/2017
START DATE
END DATE
10/16/2017
Clarien Bank Limited v. Shyvonne Helaine Robinson Arthur Samuel Winfield Ebbin Dr. Jewel Landy Westport Trust Company Limited Jewel Hotel and Spa Limited Dr. Jewel Landy
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda (Civil Jurisdiction)
CIVIL JURISDICTION
Hon. Justice Hellman
Mr. Kevin Taylor and Mr. Kai Musson (Taylors, for the Plaintiff)
Mr. Michael Smith (for the First and Second Defendants), Mr. Delroy Duncan (for the Fourth Defendant), Mr. Martin Johnson (for the Third and Sixth Defendants)
FACTS OF THE CASE:
Clarien Bank Limited (formerly Capital G Bank Limited) sought money judgments, possession orders, and enforcement of security interests against the trustees of the JEM Trust and Dr. Jewel Landy, a guarantor for multiple loans. The dispute involved mortgage agreements dating back to 2006, 2010, and 2014. The Bank claimed that significant amounts were in arrears and sought possession and sale of mortgaged properties, including a hotel and residential properties, arguing that the defendants failed to meet their repayment obligations. Dr. Landy contested various aspects, including the validity of the mortgage agreements and guarantees.
SUMMARY:
(1) Was Dr. Landy entitled to conduct the sale of mortgaged properties instead of the Bank? (2) Did the mortgage agreements contain enforceable guarantees? (3) Did the Bank violate any contractual obligations by enforcing the loan repayments? (4) Was the Bank entitled to enforce possession orders against the Trust assets?
OUTCOMES:
Bank awarded judgment against Defendants; possession and sale orders granted.
RULED IN FAVOUR OF:
Clarien Bank Limited (Plaintiff).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Clarien Bank Limited v. Shyvonne Helaine Robinson Arthur Samuel Winfield Ebbin Dr. Jewel Landy Westport Trust Company Limited Jewel Hotel and Spa Limited Dr. Jewel Landy
Clarien Bank Limited (formerly Capital G Bank Limited) sought money judgments, possession orders, and enforcement of security interests against the trustees of the JEM Trust and Dr. Jewel Landy, a guarantor for multiple loans. The dispute involved mortgage agreements dating back to 2006, 2010, and 2014. The Bank claimed that significant amounts were in arrears and sought possession and sale of mortgaged properties, including a hotel and residential properties, arguing that the defendants failed to meet their repayment obligations. Dr. Landy contested various aspects, including the validity of the mortgage agreements and guarantees.