3/7/2014
START DATE
END DATE
24-Feb-14
PATRICK EARL EUGENE BEAN v. LLEWELLYN PENISTON
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
IAN R.C. KAWALEY CJ
Christopher Swan
Defendant appeared in person
FACTS OF THE CASE:
Plaintiff claimed arrears of rent under an oral contract. Defendant failed to formally enter an appearance but filed a defense and counterclaim challenging the default judgment and asserting a different ownership of the property.
SUMMARY:
Validity of default judgment procedural compliance property ownership enforceability of oral contracts
OUTCOMES:
Default judgment set aside part of the defense struck out case proceeds to trial
RULED IN FAVOUR OF:
Defendant (for setting aside the default judgment)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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