Smellie CJ
( 1 IN CHAMBERS
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3 IN THE GRAND O
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5 CAUSE 316 OF 19
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7
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9 BETWEEN:
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COURT OF THE CAYMAN ISLANDS
99
MOHAMMAD ALIQAYYUM
PLAIN
INVESTMENT COMPANY LIMITED
14 .6 .2000
JUL. 1 4 2000
TIME:
LEGAL DEPARTMENT
CRYMAN ISLANDS
14 KMD:
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Before: Mr Justice
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Appearances:
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25 Mr. William Helfri
26 Mr. Steven Barrie
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HEXAGON INDUSTRY COMPANY LIMITED (AS TRUSTEE OF THE HEXAGON WELFARE
DIRECTOR:
e Anthony Smellie Chief Justice
chair of Ian Boxall & Co. for the plaintiff
of C.S. Gill & Co. for the defendant
RULING
(RUST)
INDANT
31 This is the ruling
32 arguable legal order
33 These are claims for
34 fund which now ce-
35 It is agreed that be-
36 not have been ach-
upon the trial of preliminary issues relating to whether
equitable grounds for claims he has brought against the
for costs, expenses and remuneration associated with the
institutes the settlement upon the trusts of the Hexagon
act for the efforts of the plaintiff and others named, the
leved.
the plaintiff has
defendant.
recovery of the
Welfare Trusts.
recovery would
I do not accept as a
being advanced by
Nor do I accept the
4 are framed to be an
I am not now pre-
5
determination of a
7 categorise the cl
alid the circumscribed definition of the equitable remedy
the defendant.
at the issues must be addressed strictly in terms of how
swered in terms of the preliminary issues.
I applaud to accept that at this stage - prior to trial a
quantum which may be justified after trial, - I should
ins which are maintainable in terms of costs and
ly of restitution
by the questions
and not to the
d be required to
d expenses or
8 remuneration incu-
9 Following are the
10 I do not regard gro
11 trust deed, to be an
12 I regard ground (2
13 I do not regard gro
14 I regard ground (4
15 trust funds are not
16 expressed by the C
red or earned.
17 (6) I regard any
specific findings which I consider to be appropriate for
found (1); ie: an argument based upon an express or im-
arguable.
as arguable.
and (3) as arguable.
as arguable settled upon the Hexagon Welfare Trust -
should not preclude this in li-
court of Appeal upon Mr. Malik's appeal upon the ques-
tion to be considered at a later stage for
tion of timing.
18 I do not regard any
19 restitution; I will re-
20 (6) I regard as argu
21 As to Part B of the
22 I do not regard an
23 the ground that t
and principles of
fruit.
be precluded on
paragraph 1 of the
Originating Sum
expenses and for r
I reserve my findi
the schedule can be
As to costs
The costs of the pr
ions were compromised contain no provision for
muneration claims from the Hexagon Welfare Trust.
ing until written reasons are given.
such costs and
inant named in
greed.
Anthony Shellie
CHIEF JUSTICE
DATED/THIS TH
IE 14TH DAY OF JUNE 2000.