1 June 2004
START DATE
END DATE
27 December 2007
Brent Jerome Furbert v. Robin Swan Michael Smith (trading as Smith & Co.) and Kevin Bean
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
The Hon. Mrs. Norma Wade-Miller
Lynda Milligan-Whyte & Associates
Trott & Duncan
FACTS OF THE CASE:
Lease agreement for premises at 81 Northshore Road Devonshire led to a dispute over overpayment of $184500 by Furbert to Swan. Furbert sought an injunction damages for fraudulent misrepresentation and the return of the overpaid amount. Swan counterclaimed for unpaid rent
SUMMARY:
Whether Furbert has a bona fide defense to Swan's counterclaim for unpaid rent and if issues in dispute warrant a trial
OUTCOMES:
Conditional leave to defend granted to Furbert contingent on paying the total rent due into court
RULED IN FAVOUR OF:
Plaintiff (with conditions)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Brent Jerome Furbert v. Robin Swan Michael Smith (trading as Smith & Co.) and Kevin Bean
Lease agreement for premises at 81 Northshore Road Devonshire led to a dispute over overpayment of $184500 by Furbert to Swan. Furbert sought an injunction damages for fraudulent misrepresentation and the return of the overpaid amount. Swan counterclaimed for unpaid rent