10/10/2014
START DATE
END DATE
10/22/2014
Judith Ethel Ann Simmons (as Executor of The Estate of Gladstone W.C. Trott) v. (1) David Garth McCann (2) Carlos Bosch
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
IAN RC KAWALEY CJ
Stephanie Hanson Conyers (Dill and Pearman Limited)
Paul Harshaw (Canterbury Law Limited)
FACTS OF THE CASE:
The case concerns a dispute over a promissory note and the attempt by the 2nd defendant Carlos Bosch to set aside a Judgment in Default. The note signed by both defendants promised to pay $500000 plus interest. Bosch argued he signed as an agent for a company not personally and contested the judgment's validity on grounds including lack of proper service and lack of consideration
SUMMARY:
Whether Bosch had a realistic prospect of success in denying liability and whether the Default Judgment was irregular due to ineffective service
OUTCOMES:
Application to set aside the Default Judgment was refused except for adjustments to the quantum and provision for a defense against a specific sum; liability on the promissory note upheld; Bosch partially successful in challenging the quantum but not in denying personal liability
RULED IN FAVOUR OF:
Defendant (partially for setting aside the Default Judgment on specific sums)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Judith Ethel Ann Simmons (as Executor of The Estate of Gladstone W.C. Trott) v. (1) David Garth McCann (2) Carlos Bosch
The case concerns a dispute over a promissory note and the attempt by the 2nd defendant Carlos Bosch to set aside a Judgment in Default. The note signed by both defendants promised to pay $500000 plus interest. Bosch argued he signed as an agent for a company not personally and contested the judgment's validity on grounds including lack of proper service and lack of consideration