Republic of Brazil v Durant [2012] JCA 025 (27 January 2012)

Republic of Brazil v Durant [2012] JCA 025 (27 January 2012)

There was no material change of circumstances between the initial and renewed applications for video-link evidence; further efforts by solicitors did not constitute altered grounds. Affidavit evidence from Dr. Marques could not be admitted without opportunity for cross-examination, as he indicated he was unable to be a witness for the plaintiffs.

Citation
[2012] JCA 025
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; Other: Deutsche Bank International Limited; Other: Deutsche International Custodial Services Limited; Other: Deutsche International Corporate Services Limited; Other: Deutsche International Trustee Services (CI) Limited
Jurisdiction
Jersey
Judgment Date
27 January 2012
Procedural Posture
Application for Leave to Appeal / Interlocutory Appeal Before Court of Appeal
Outcome
Appeal allowed; applications for leave to appeal granted.
Legal Topics
Case Management, Res Judicata, Admission of Affidavit Evidence, Video Link Testimony, Cross Examination Rights
Civil Procedure Evidence Fraud Case Management Res Judicata Admission of Affidavit Evidence Video Link Testimony Cross Examination Rights

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

Other

Deutsche International Custodial Services Limited

Other

Deutsche International Corporate Services Limited

Other

Deutsche International Trustee Services (CI) Limited

Other

Procedural Posture

Application for Leave to Appeal / Interlocutory Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the Royal Court erred in allowing renewed application for video-link evidence after prior dismissal
  2. 2 Whether the Royal Court erred in permitting affidavit evidence from Dr. Marques without cross-examination

Ratio Decidendi

There was no material change of circumstances between the initial and renewed applications for video-link evidence; further efforts by solicitors did not constitute altered grounds. Affidavit evidence from Dr. Marques could not be admitted without opportunity for cross-examination, as he indicated he was unable to be a witness for the plaintiffs.

Court Disposition

Appeal allowed; applications for leave to appeal granted.

Orders

  • Act of Court dated 19 December 2011 recalled insofar as it granted video-link evidence for Sergio Lima Santoro and Vivaldo Alves.
  • Decision to allow affidavit of Dr. Silvio Marques as evidence in trial recalled.