Judgment
Embassy Investments Ltd v Ascot Corporate Name Ltd and others; also Simon White and others v Embassy Investments Ltd and others - Judgment
FSD 0094/2011 (CQJ) · 2012-07-03
Test for leave to appeal under Court of Appeal Law s.6(f); Swain v Hillman “realistic prospect of success” test; intentional and contumelious default; abuse of process; attribution of conduct of controlling mind to corporate litigant; criteria for striking out for delay; whether judge misapplied test on setting aside default judgment; exemplary damages relevance; whether defences had real prospect of success; distinction between discretionary vs factual appellate challenges
Full metadata
| Cause Number | FSD 0094/2011 (CQJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Quin J |
| Parties | Embassy Investments Ltd v Ascot Corporate Name Ltd and others; also Simon White and others v Embassy Investments Ltd and others - Judgment |
| Judgment Date | 2012-07-03 |
| Subject | Test for leave to appeal under Court of Appeal Law s.6(f); Swain v Hillman “realistic prospect of success” test; intentional and contumelious default; abuse of process; attribution of conduct of controlling mind to corporate litigant; criteria for striking out for delay; whether judge misapplied test on setting aside default judgment; exemplary damages relevance; whether defences had real prospect of success; distinction between discretionary vs factual appellate challenges |
| Filename (current) | 12-07-03-Embassy-Investments-Limited-In-re.pdf |
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