_Bakir v Doueihi & Ors_

The applicant submitted that while paragraph 7 of the order is expressed as a declaration, it does more than declare rights. It actually creates property rights. Before that order, the applicant had no personal right in the commissions which vested in the relevant respondents. Paragraph 7 of the order "adjusts" those interests by creating an entitlement to them in the applicant, not merely declaring it. The corresponding obligation on the respondents is to cause her share to be paid to the trustee if they cannot cause it to be paid to her directly. The evidence discloses payments of airtime commissions by RSL.com between 13 July and

28 August 2001, in the amount of $65,043.42,100 were paid to the first respondent but none of the respondents caused this to be paid to the trustees' account. The declaration is in this case supported by the undertaking in paragraph 6 and the actions required of the respondent pursuant to those undertakings.