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Josh Hitchens, led by Anand Beharrylal QC appeared in the Trinidadian Privy Council commercial appeal of De Zwarte Band v Kanhai [2019] UKPC 48 for two Netherlands based companies.

Josh Hitchens, led by Anand Beharrylal QC appeared in the Trinidadian Privy Council commercial appeal of De Zwarte Band v Kanhai [2019] UKPC 48 for two Netherlands based companies. The Appellants had obtained judgment in their favour following a commercial debt claim in the High Court. Attempts to enforce the judgement through an order for sale had been prevented by family proceedings which stayed the High Court's order of sale which had ordered that the debtor's family home be sold to satisfy the debt. 

The Board held that under the Remedies of Creditors Act, the judgment conferred the Appellants with a charge over the property. Accordingly, the Board allowed the appeal and remitted the matter to the High Court for directions to be set for the sale of the property. 

click here for the judgment

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