Jan 2012
BERMUDA
SUPREME COURT
PROCEDURE – INTERPLEADER – STAY OF PROCEEDINGS – LIFTING PRIOR STAY
The Defendants, based in Switzerland and Lichtenstein respectively, were in dispute in Switzerland as to which of them should receive certain royalty payments held by the Plaintiff. The Plaintiff, a Bermuda company, placed the royalties in escrow and in 2004 commenced an interpleader action in the Bermuda Courts to determine which defendant was the proper recipient.
Also in 2004, the Defendants successfully stayed the Bermuda proceedings (with liberty to apply to vary or set aside the stay) to enable determination of the Swiss proceedings and separate proceedings in Lichtenstein involving the Second Defendant.