May 12 2017
START DATE
END DATE
June 13 2017
Clarien Bank Limited v. Elizabeth Cristina Pereira Vieira DaCosta Nancy Lynn Vieira
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
SUPREME COURT OF BERMUDA
CIVIL JURISDICTION
IAN RC KAWALEY CJ
Kai Musson Taylors (Defendant lawyer)
FACTS OF THE CASE:
On November 8 2016 Plaintiff obtained a Possession Order under a mortgage over property owned by the Defendants. The order was stayed until February 24 2017 for refinancing opportunities which failed. Defendants applied for a stay of execution on April 28 2017 and again on May 11 2017 for a further stay citing potential refinancing. The court found no jurisdictional basis for a non-consensual stay based on the Defendants' submissions.
SUMMARY:
Whether the court had jurisdiction to grant a stay of enforcement of a Possession Order without the mortgagee?s consent and if there was a reasonable prospect of the Defendants refinancing the mortgage.
OUTCOMES:
Application for stay of enforcement refused.
RULED IN FAVOUR OF:
Plaintiff
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Clarien Bank Limited v. Elizabeth Cristina Pereira Vieira DaCosta Nancy Lynn Vieira
On November 8 2016 Plaintiff obtained a Possession Order under a mortgage over property owned by the Defendants. The order was stayed until February 24 2017 for refinancing opportunities which failed. Defendants applied for a stay of execution on April 28 2017 and again on May 11 2017 for a further stay citing potential refinancing. The court found no jurisdictional basis for a non-consensual stay based on the Defendants' submissions.