1998/203 - Gleeson v Webster [1998] UR 203 (15 October 1998)

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BAILII >> Databases >> Jersey Unreported Judgments >> 1998/203 - Gleeson v Webster [1998] UR 203 (15 October 1998) URL: https://www.bailii.org/je/cases/UR/1998/203.html Cite as: [1998] UR 203 [ New search ] [ Contents list ] [ Help ] Royal Court (Samedi Division) 15 October 1998 Before: F C Hamon Esq., Deputy Bailiff, and Jurats Rumfitt and Le Brocq Between:Francine Helen GleesonPlaintiff And:Martin Guy WebsterDefendant Application by the Defendant for an Order releasing him from, or varying, his undertakings to the Court, to enable the Defendant to sell his property "Ellerslie". Application refused Advocate A P Begg for the Defendant/Applicant Advocate J Martin for the Plaintiff/Respondent THE DEPUTY BAILIFF: On 15 October1996, there was a Consent Order between the parties ratified by this Court. Paragraph three of that Order reads as follows: "The defendant undertakes to the Court that he will not sell, transfer, lease, dispose of or charge his real property in Jersey without the consent of the plaintiff, or order of the Court, provided always that he may sell the property "Ellerslie" for the best price available, the funds to be held by Messrs. Lemprière, Whittaker, Renouf pending further agreement between the parties, or order of the Court. The lawyer for the plaintiff will be informed of the details of any sale of "Ellerslie" and given one week’s notice of the intended

sale date". "Ellerslie" is in a sorry state. We have seen some limited photographs. It is uninhabitable. Next door to "Ellerslie" is a property owned by a Mr G H Hamon, described to us by Mr Begg as a humble builder. This humble builder has carried out work to the property and was apparently keen to buy it on terms as long ago as March of this year. The terms are still in embryonic form and they appear to be that Mr Hamon would borrow the total consideration for this deteriorating property for £45,000 and would repay that sum on a bond repayable over 20 years. Although of course the life of the bond would have to be renewed after 10 years. The rate would be 8.75%, or Barclays base rate, whichever is the higher. The full ancillary hearing of this long disputed and bitter marriage will be heard on 16, 17 and 18 December. As regards the property, we have seen a letter from Broadlands Estate Agents in 1996 which says that they the only firm that was employed to sell the property had shown some 88 people over the property to no avail and they had now withdrawn it from their books. It was, apparently, originally on sale for £88,000. The decision that we have to make is whether to allow the deal with Mr Hamon to proceed apace, or, by declining to vary the Order in any way, leave matters until the December ancillary decisions have been made. Mr Begg says that the bond is still in a

standard form but we wonder what contingency might be provided for, if, for example, Mr Hamon were to restore the property in a year and sell it at a profit. That is only one of our concerns. In the circumstances we feel that the matter should remain as it is until December. We take on board Mr Beggs comments regarding his client losing on the interest payments, but these, we would presume, would have remained in escrow until December just as the purchase price would have remained in escrow until December, in accordance with the Order of 15 October 1996. The Matrimonial Causes Greffier will in any event - if he feels that valuable interest has been lost to Mr Webster in the two months and no attempt has been made before Court to vary the Consent Order before today - be able to make adjustments in his award accordingly. We have to recall that, in Mr Websters affidavit, it is stated that only in February of this year has Mr Hamon showed interest in the property and indeed the property was habitable until the very end of last year. In the circumstances, although we have some sympathy for Mr Webster, we decline to vary the Order at this time. No Authorities BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/UR/1998/203.html