Interinvest (Bermuda) Ltd and Black v Adobie

• Jurisdiction: Bermuda
• Judgment Date: 17 June 2010
• Date: 17 June 2010
• Docket Number: Civil Appeal 2010 No. 3
• Court: Court of Appeal (Bermuda)

In The Court of Appeal for Bermuda

Before: Zacca, P; Ward, JA; Auld, JA

Civil Appeal 2010 No. 3

BETWEEN:

INTERINVEST (BERMUDA) LIMTED AND DR HANS P. BLACK

Appellants

v

REGULA ADOBIE

Respondent

Mr D Duncan for the Appellant

Mr J Pachai for the Respondent

Abstract:

Application for leave to appeal out of time - Application to set aside default summary judgment - Factual errors - Fresh evidence

JUDGMENT of WARD, JA

1. On the 16 January Judgment in default of Defence was entered against the Second Defendant in favour of the Plaintiff in the sum of seven million three hundred and five thousand Swiss Francs together with unliquidated damages to be assessed.

2. On the 13 February 2009 the Second Defendant applied to set aside this default judgment. The Application was refused on the ground that the Second Defendant had not met the primary test for setting aside the default judgment by demonstrating the existence of a Defence with real prospects of success.

3. Nevertheless, for reasons given in paragraph 28 of the Ruling of 1st June 2009, the learned Judge set aside the default judgment against the Second Defendant on terms that the Second Defendant pay into Court within 28 days or otherwise secure the sum of $1 million and that there be trial of a preliminary issue on an expedited basis.

4. On the 1st June 2009 Kawaley J made a Ruling that the Plaintiff's Summary Judgment Application against the First Defendant be granted in the minimum amount of US $5 million plus interest and damages to be assessed, with costs to be taxed, if not agreed. The learned Judge held that the First Defendant's defence does not raise any triable issues with respect to the Plaintiff's claim for damages for the failure to repay the monies she placed with the company for investment, although the precise sum due in excess of the minimum amount of US $5 million (and as converted into Swiss Francs) is unclear. The learned Judge granted the First...