Crociani & Ors v Crociani & Ors [2021] JRC 286 (02 November 2021)

Crociani & Ors v Crociani & Ors [2021] JRC 286 (02 November 2021)

The application for adjournment was refused because the issues had been sufficiently identified since mid-September, there was adequate time for the Fifth Defendant to prepare, the matter was primarily one of Jersey law, and granting an adjournment would cause substantial prejudice to the First Plaintiff and delay the proceedings unnecessarily.

Citation
[2021] JRC 286
Parties
First Plaintiff: Cristiana Crociani; Second Plaintiff: Delia Camilla Delrieu (By her Guardian Ad Litem, Nicolas Delrieu); Third Plaintiff: Livia Camilla Delrieu (By her Guardian Ad Litem, Nicolas Delrieu); First Defendant: Edoarda Crociani; Second Defendant: Paul Foortse; Third Defendant: BNP Paribas Jersey Trust Corporation Limited; Fourth Defendant: Appleby Trust (Mauritius) Limited; Fifth Defendant: HRH Princess Camilla De Bourbon des Deux Siciles; Sixth Defendant: Camillo Crociani Foundation IBC (Bahamas) Limited; Seventh Defendant: BNP Paribas Jersey Nominee Company Limited; Eighth Defendant: GFIN Corporate Services Limited; Party Cited: Ocorian Trustees (Jersey) Limited
Jurisdiction
Jersey
Judgment Date
02 November 2021
Procedural Posture
Trust Application for Adjournment of Anti Suit Injunction / Interlocutory Application for Adjournment
Outcome
Application for adjournment refused
Legal Topics
Anti Suit Injunction, Adjournment, Res Judicata, Jurisdiction, Collateral Attack
Trusts Civil Procedure Anti Suit Injunction Adjournment Res Judicata Jurisdiction Collateral Attack

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Parties

Cristiana Crociani

First Plaintiff

Delia Camilla Delrieu (By her Guardian Ad Litem, Nicolas Delrieu)

Second Plaintiff

Livia Camilla Delrieu (By her Guardian Ad Litem, Nicolas Delrieu)

Third Plaintiff

Edoarda Crociani

First Defendant

Paul Foortse

Second Defendant

BNP Paribas Jersey Trust Corporation Limited

Third Defendant

Appleby Trust (Mauritius) Limited

Fourth Defendant

HRH Princess Camilla De Bourbon des Deux Siciles

Fifth Defendant

Camillo Crociani Foundation IBC (Bahamas) Limited

Sixth Defendant

BNP Paribas Jersey Nominee Company Limited

Seventh Defendant

GFIN Corporate Services Limited

Eighth Defendant

Ocorian Trustees (Jersey) Limited

Party Cited

Procedural Posture

Trust Application for Adjournment of Anti Suit Injunction / Interlocutory Application for Adjournment

Legal Issues

  1. 1 Whether to grant an adjournment of the anti-suit injunction hearing
  2. 2 Adequacy of time for the Fifth Defendant to prepare response
  3. 3 Potential prejudice to parties if adjournment is granted or refused

Ratio Decidendi

The application for adjournment was refused because the issues had been sufficiently identified since mid-September, there was adequate time for the Fifth Defendant to prepare, the matter was primarily one of Jersey law, and granting an adjournment would cause substantial prejudice to the First Plaintiff and delay the proceedings unnecessarily.

Court Disposition

Application for adjournment refused

Orders

  • The case will proceed as scheduled next week.
  • The Fifth Defendant must file a skeleton argument by 9am Tuesday 9th November 2021.