National Iranian Oil Company v Ashland Overseas Trading Ltd

• Jurisdiction: Bermuda
• Judgment Date: 26 July 1988
• Date: 26 July 1988
• Docket Number: Civil Appeal No. 15 of 1987
• Court: Court of Appeal (Bermuda)

In the Court of Appeal for Bermuda

Blair-Kerr, P

da Costa, JA

Henry, JA

Civil Appeal No. 15 of 1987

National Iranian Oil Company

Appellants (Plaintiffs)

and

Ashland Overseas Trading Limited

Respondents (Defendants)

N Hargun for the Defendants

G Bell for the Plaintiffs

Staples & Co Ltd v Corby and District Land Registrar No.2 (1900) 19 NZLR 539

Appeals Act 1911 s. 2

Application by defendants for leave to appeal to Privy Council — Question involved in judgment was one of general or public importance — Court of Appeal had no power to grant stay of its decision pending appeal

DECISION

Mr. Justice Collett ordered a stay of Action 326 of 1985 brought by the Appellants against the Defendants. On 20th July 1988 this Court allowed the Plaintiffs' appeal and set aside the order. The Defendants now apply for leave to appeal to the Privy Council.

The dispute between the parties is at the interlocutory stage and the application for leave is brought under paragraph (c) of Section 2 of The Appeals Act 1911 (Title 8, Item 86).

The matter came before us yesterday afternoon. Mr. Hargun appeared for the Applicants (Defendants) and Mr. Bell appeared for the Plaintiffs. Mr. Hargun persuaded us (despite objection by Mr. Bell) that the question involved in the judgment of this Court and the proposed appeal therefrom was one which ought to be submitted to Her Majesty in Council for decision by reason of its general or public importance. Accordingly, we granted conditional leave to appeal.

As regards Section 4 of the Act, there will be an order in terms of paragraph (a) and the amount of security is fixed at $12,000. As regards paragraph (b), the record shall be prepared and dispatched within 90 days from today.

The Applicants also seek the following directions by this Court:-

(1) that Action 326 of 1985 remains stayed pending the determination of the appeal to the Privy Council

(2) that the judgment of this Court reversing the order of Collett J. be stayed pending the determination of the appeal.

Yesterday we heard argument in regard to the application for a stay which was strongly opposed by Mr. Bell.

In support of his submissions, Mr. Hargun cited Staples & Co. (Limited) and Another v. Corby and District Land Registrar (No. 2)(1). In that case, it appears that there was an application for an order in the nature of a stay for the purpose of preserving the right claimed by the Appellants until the determination of the appeal...