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February 10 March 17 2016

START DATE

END DATE

March 30 2016

Peirce Capital Ltd v. William Peirce Stewart and Barbara K Stewart

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Supreme Court of Bermuda

CIVIL JURISDICTION

IAN RC KAWALEY CJ

David Kessaram (Cox Hallett Wilkinson Limited)

Henry Tucker (Appleby (Bermuda) Limited) for the 1st Defendant Bruce Swan (Apex Law Limited) for the 2nd Defendant

FACTS OF THE CASE:

Plaintiff sought recovery of loans for property purchase. Defendants did not file defense on time. Concerns over enforcing judgment according to New York court's equitable distribution

SUMMARY:

Validity of the defenses based on prior power of attorney and agreements re-litigation of New York divorce findings

OUTCOMES:

Default judgments against defendants upheld concerns addressed with undertakings regarding enforcement proportions

RULED IN FAVOUR OF:

Plaintiff/Claimant

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Peirce Capital Ltd v. William Peirce Stewart and Barbara K Stewart

Plaintiff sought recovery of loans for property purchase. Defendants did not file defense on time. Concerns over enforcing judgment according to New York court's equitable distribution

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