7/16/2015
START DATE
END DATE
8/10/2015
In the matter of Bermuda Composite Construction Ltd and in the matter of Section 261(6) of the Companies Act 1981
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
COMMERCIAL COURT CIVIL JURISDICTION
Ian R.C. Kawaley
Chen Foley for Petitioner
Richard Horseman for Island Construction Ltd. and Mr. Zane DeSilva Jeffrey Elkinson for Bank of N.T. Butterfield & Son Ltd.
FACTS OF THE CASE:
The petitioner sought to restore Bermuda Composite Construction Ltd to the register after it was struck off in 2004. The restoration was granted but the application to suspend the limitation period was contested by affected parties
SUMMARY:
The issue centered on whether the court should suspend the limitation period for the company which had been dissolved to allow it to pursue potential claims
OUTCOMES:
The court refused the application for a limitation direction highlighting the petitioner's delay and lack of clear claims
RULED IN FAVOUR OF:
Defendants
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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In the matter of Bermuda Composite Construction Ltd and in the matter of Section 261(6) of the Companies Act 1981
The petitioner sought to restore Bermuda Composite Construction Ltd to the register after it was struck off in 2004. The restoration was granted but the application to suspend the limitation period was contested by affected parties