Republic of Brazil v Durant [2012] JCA 015 (17 January 2012)

Republic of Brazil v Durant [2012] JCA 015 (17 January 2012)

The applications for leave to appeal are refused except on two issues: (i) whether the Royal Court erred in accepting there was a sufficient change of circumstances to entertain a renewed application for video-link evidence, and (ii) whether the Royal Court erred in permitting the Plaintiffs to adduce the affidavit of Dr. Marques as evidence at trial. These issues are referred to the full Court of Appeal.

Citation
[2012] JCA 015
Parties
Respondent/plaintiff: The Federal Republic of Brazil; Respondent/plaintiff: The Municipality of Sao Paulo; Applicant/defendant: Durant International Corporation; Applicant/defendant: Kildare Finance Limited; Party Cited: Deutsche Bank International Limited; Party Cited: Deutsche International Custodial Services Limited; Party Cited: Deutsche International Corporate Services Limited; Party Cited: Deutsche International Trustee Services (CI) Limited
Jurisdiction
Jersey
Judgment Date
17 January 2012
Procedural Posture
Application for Leave to Appeal / Single Judge Determination on Leave to Appeal
Outcome
Leave to appeal refused except on two specified issues, which are referred to the full Court of Appeal.
Legal Topics
Case Management, Admissibility of Evidence, Video Link Evidence, Hearsay Evidence, Affidavit Evidence, Leave to Appeal
Civil Procedure Case Management Admissibility of Evidence Video Link Evidence Hearsay Evidence Affidavit Evidence Leave to Appeal

Case Brief

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Parties

The Federal Republic of Brazil

Respondent/plaintiff

The Municipality of Sao Paulo

Respondent/plaintiff

Durant International Corporation

Applicant/defendant

Kildare Finance Limited

Applicant/defendant

Deutsche Bank International Limited

Party Cited

Deutsche International Custodial Services Limited

Party Cited

Deutsche International Corporate Services Limited

Party Cited

Deutsche International Trustee Services (CI) Limited

Party Cited

Procedural Posture

Application for Leave to Appeal / Single Judge Determination on Leave to Appeal

Legal Issues

  1. 1 Whether the Royal Court erred in permitting evidence by video-link without explicit rule or inherent jurisdiction
  2. 2 Whether the Royal Court erred in admitting hearsay evidence
  3. 3 Whether the Royal Court erred in permitting affidavit evidence from Dr. Marques

Ratio Decidendi

The applications for leave to appeal are refused except on two issues: (i) whether the Royal Court erred in accepting there was a sufficient change of circumstances to entertain a renewed application for video-link evidence, and (ii) whether the Royal Court erred in permitting the Plaintiffs to adduce the affidavit of Dr. Marques as evidence at trial. These issues are referred to the full Court of Appeal.

Court Disposition

Leave to appeal refused except on two specified issues, which are referred to the full Court of Appeal.

Orders

  • Leave to appeal refused on all grounds except: (i) whether the Royal Court erred in accepting a change of circumstances for renewed video-link application; (ii) whether the Royal Court erred in permitting affidavit evidence of Dr. Marques. These issues are referred to the full Court of Appeal.