Geneva Trust Company SA v D and Ors [2024] JRC 128 (06 June 2024)

Geneva Trust Company SA v D and Ors [2024] JRC 128 (06 June 2024)

Respondents failed to provide any acceptable explanation for delay or omission of grounds and evidence; new grounds were weak or disproportionate; procedural rules and overriding objective require expeditious and fair conduct; amendments and fresh evidence not justified; applications refused.

Citation
[2024] JRC 128
Parties
Representor: Geneva Trust Company (GTC) SA; First Respondent: D; Second Respondent: Second Respondent; Third Respondent: Third Respondent
Jurisdiction
Jersey
Judgment Date
06 June 2024
Procedural Posture
Appeal Against Taxation Decision / Application to Amend Notice of Appeal, Extension of Time, and Admission of Fresh Evidence
Outcome
Applications to amend Notice of Appeal, extend time, and admit fresh evidence refused; appeal adjourned; interim payment and security for costs refused at this stage; costs reserved.
Legal Topics
Appeals, Amendment of Pleadings, Taxation of Costs, Admission of Fresh Evidence, Extension of Time
Trusts Civil Procedure Appeals Amendment of Pleadings Taxation of Costs Admission of Fresh Evidence Extension of Time

Case Brief

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Parties

Geneva Trust Company (GTC) SA

Representor

D

First Respondent

Second Respondent

Second Respondent

Third Respondent

Third Respondent

Procedural Posture

Appeal Against Taxation Decision / Application to Amend Notice of Appeal, Extension of Time, and Admission of Fresh Evidence

Legal Issues

  1. 1 Whether Respondents should be permitted to amend their Notice of Appeal out of time
  2. 2 Whether Respondents should be permitted to file fresh evidence on appeal
  3. 3 Whether the Amended Notice of Appeal raises legitimate grounds for appeal

Ratio Decidendi

Respondents failed to provide any acceptable explanation for delay or omission of grounds and evidence; new grounds were weak or disproportionate; procedural rules and overriding objective require expeditious and fair conduct; amendments and fresh evidence not justified; applications refused.

Court Disposition

Applications to amend Notice of Appeal, extend time, and admit fresh evidence refused; appeal adjourned; interim payment and security for costs refused at this stage; costs reserved.

Orders

  • Refusal of permission to amend Notice of Appeal out of time
  • Refusal of permission to file Amended Notice of Appeal