Thyssen-Bornemisza and Others v Thyssen-Bornemisza 2000 Civil Appeal No. 13

• Jurisdiction: Bermuda
• Judgment Date: 27 November 2000
• Date: 27 November 2000
• Docket Number: Civil Appeal 2000 No. 13
• Court: Court of Appeal (Bermuda)

In the Court of Appeal of Bermuda

Astwood, P

Cons, JA

Clough, JA

Civil Appeal 2000 No. 13

BETWEEN:

(1) Georg Heinrich Thyssen-Bornemisza

(2) Favorita Holding Limited (formerly called Tamara Corporation Limited)

(3) Thybo Trustees Limited

(4) Tornabuoni Limited

Appellants

-and-

(1) Hans Heinrich Thyssen-Bornemisza

(2) Lrt trustee (Pvt) Limited

Respondents

Appleby, Spurling & Kempe for the Plaintiff

Cox Hallett Wilkinson for the 1st Defendant

Conyers Dill & Pearman for the 2nd–4th Defendants

Consent order — Amending statement of claim — Service of amended defence

ORDER

UPON THE APPEALS of the First Defendant (“Georg”) and the Second, Third and Fourth Defendants (“the Corporate Defendants”) by Notices of Appeal dated 21 July 2000

AND UPON HEARING Counsel for Georg, the Corporate Defendants and the Plaintiffs

BY CONSENT

IT IS ORDERED that:

(1) The appeals be allowed

(2) So much of the leave granted to the Plaintiffs by Mr Justine Mitchell on 14 July 2000 to serve a Re-Amended Statement of Claim as related to paragraphs 44–51 (inclusive) and paragraph 9 of the prayer be revoked

(3) The Plaintiffs have leave to and do on or before 28 November 2000 serve a revised version of the Re-Amended Statement of Claim deleting the said paragraphs (but making no other amendments)

(4) Georg have leave to and do on or before 1 December 2000 serve a revised version of his Re-Re-Re-Amended Defence deleting the responses to the said paragraphs

(5) The Corporate Defendants have leave to and do on or before 1 December 2000 serve a revised version of their Re-Re-Amended Defence deleting the responses to the said paragraphs

(6) The costs of and occasioned by the opposition to the application for leave to re-amend the said paragraphs be the Defendants' costs in any event

(7) The costs of the appeals be costs in the cause

(8) Georg and the Corporate Defendants are entitled to withdraw from Court the amount of $25,000 each representing moneys paid into Court on or before 8 September 2000 in accordance with the Order of the Acting Registrar dated 10 August 2000

Sir James Astwood, President

Sir Derek Cons, JA

Philip Clough, JA

We, MESSRS. APPLEBY SPURLING & KEMPE, Attorneys for the above-named Plaintiff, hereby consent to an Order being made in the above terms.

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