Final Decision

An arbitral award of $2,175,775 (US) was issued in favor of Delizia against Eritrea. Delizia brought an ex parte application for a Garnishee Order to Show Cause (a provisional order of garnishment) against Nevsun. The Federal Court judge determined that the decision of the Prothonotary was to be reviewed de novo because the order was vital to the final issue of the case. In conducting this review, the Federal Court judge determined that there was no basis for piercing the corporate veil and therefore he allowed the appeal from the decision of the Prothonotary.
The conduct of the hearing de novo, did not adversely affect the result. There is no basis to pierce the corporate veil in this case. As noted by the Federal Court judge, this finding that the corporate veil should not have been lifted is sufficient to dispose of this matter.

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