Randalls Properties & Ors v Rozel Bay Hotel &a [2005] JRC 106 (04 August 2005)

Randalls Properties & Ors v Rozel Bay Hotel &a [2005] JRC 106 (04 August 2005)

The judgment was set aside because the interests of justice require that Mr Ellis and Mr King be placed in the same position, given their identical roles as guarantors and the lack of fault by Mr Ellis for the default.

Citation
[2005] JRC 106
Parties
Second Defendant: John William Ellis; Company: Rozel Bay Hotel Limited; Director/defendant: Ian Hamilton King; First Plaintiff: Randalls
Jurisdiction
Jersey
Judgment Date
04 August 2005
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment
Outcome
Default judgment against Mr Ellis set aside
Legal Topics
Default Judgment, Setting Aside Judgment, Estoppel, Guarantor Liability
Civil Procedure Default Judgment Setting Aside Judgment Estoppel Guarantor Liability

Case Brief

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Parties

John William Ellis

Second Defendant

Rozel Bay Hotel Limited

Company

Ian Hamilton King

Director/defendant

Randalls

First Plaintiff

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment

Legal Issues

  1. 1 Whether default judgment against Mr Ellis should be set aside
  2. 2 Whether Mr Ellis has a reasonably arguable defence
  3. 3 Whether injustice would occur if Mr Ellis is not allowed to defend

Ratio Decidendi

The judgment was set aside because the interests of justice require that Mr Ellis and Mr King be placed in the same position, given their identical roles as guarantors and the lack of fault by Mr Ellis for the default.

Court Disposition

Default judgment against Mr Ellis set aside

Orders

  • Judgment against Mr Ellis set aside
  • Plaintiffs may apply for summary judgment if so advised