11/2/2020
START DATE
END DATE
12/14/2020
St John s Trust Company (PVT) Limited v James Watlington Glenn Ferguson Cabarita (PTC) Limited The Attorney General James Geoffrey Stephen Gilbert
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Civil Jurisdiction
Hon. Chief Justice Hargun
Edward Cumming QC Katie Tornari Mark Diel
David Brownbill QC Paul Harshaw David Chivers QC Nicole Tovey Hodge Malek QC Jeffery Elkinson Graham Chapman QC John Wasty
FACTS OF THE CASE:
SJTC contested the appointment of Watlington and Ferguson by Cabarita as directors claiming it void. Legal battles involved issues of authority procedural compliance and conflict of interest leading to the discharge of an ex parte injunction and the March 2020 Judgment
SUMMARY:
Validity of director appointments authority to commence proceedings duty of disclosure and conflict of interest
OUTCOMES:
Ex parte injunction discharged March 2020 Judgment invalidated the proceedings initiated without proper authority
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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St John s Trust Company (PVT) Limited v James Watlington Glenn Ferguson Cabarita (PTC) Limited The Attorney General James Geoffrey Stephen Gilbert
SJTC contested the appointment of Watlington and Ferguson by Cabarita as directors claiming it void. Legal battles involved issues of authority procedural compliance and conflict of interest leading to the discharge of an ex parte injunction and the March 2020 Judgment