May 4 2012
START DATE
END DATE
May 11 2012
CAPCAR ENTERPRISES LTD -v- ONESMUS NZABALINDA AND DAVID RANDOLPH WILSON (as Trustees of the Laylash Trust) and LOIS WILSON
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
IAN R.C. KAWALEY CJ
Kevin Taylor (Marshall Diel & Myers)
David Kessaram (Cox Hallett Wilkinson)
FACTS OF THE CASE:
Plaintiff claimed a 10% commission from the sale of shares based on a brokerage agreement. Defendants argued the sale part of a settlement in legal proceedings did not constitute a 'sale' as per the agreement
SUMMARY:
Whether the transfer of shares as part of a settlement constitutes a 'sale' under the brokerage agreement
OUTCOMES:
Court ruled in favor of Plaintiff concluding the sale of shares under a legal settlement is considered a 'sale' per the brokerage agreement terms
RULED IN FAVOUR OF:
Plaintiff/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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CAPCAR ENTERPRISES LTD -v- ONESMUS NZABALINDA AND DAVID RANDOLPH WILSON (as Trustees of the Laylash Trust) and LOIS WILSON
Plaintiff claimed a 10% commission from the sale of shares based on a brokerage agreement. Defendants argued the sale part of a settlement in legal proceedings did not constitute a 'sale' as per the agreement