31 March - 27 June 2008
START DATE
END DATE
3-Sep-08
Sonya Darrell v. Lynda Sharon Peets-Swan
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Civil JURISDICTION
Justice Norma Wade-Miller
Ms. Juliana Snelling
Mr. Rick Woolridge
FACTS OF THE CASE:
Dispute over the beneficial ownership of No. 1 Lemon Grove Hamilton Parish concerning a joint venture agreement to build four dwelling units on the property with both parties contributing to costs and expected to share ownership equally. The project was financed through a mortgage and further charge from the Bank of N. T. Butterfield Ltd. with both parties liable. The dispute arose when the defendant did not transfer the plaintiff's share of the property as agreed leading to legal action.
SUMMARY:
Whether the plaintiff is entitled to a beneficial interest in the property based on a joint venture agreement with the defendant and if so the nature of that interest.
OUTCOMES:
The court ruled in favor of the plaintiff declaring that the defendant holds the property on constructive trust for both parties as tenants-in-common in equal shares with specific dwelling units allocated to each. The ruling addressed the plaintiff's contributions and entitlement dismissing the defendant's counterclaim and awarding costs to the plaintiff.
RULED IN FAVOUR OF:
Plaintiff/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Sonya Darrell v. Lynda Sharon Peets-Swan
Dispute over the beneficial ownership of No. 1 Lemon Grove Hamilton Parish concerning a joint venture agreement to build four dwelling units on the property with both parties contributing to costs and expected to share ownership equally. The project was financed through a mortgage and further charge from the Bank of N. T. Butterfield Ltd. with both parties liable. The dispute arose when the defendant did not transfer the plaintiff's share of the property as agreed leading to legal action.