Broere v Mourant & Co (Trustees) Limited [2004] JCA 009 (14 January 2004)

Broere v Mourant & Co (Trustees) Limited [2004] JCA 009 (14 January 2004)

A beneficiary must disclose all relevant documents in their possession, custody, or power, regardless of the capacity in which they are held; the capacity is not a bar to inspection, and any specific objections to inspection must be raised separately.

Citation
[2004] JCA 009
Parties
Representor/respondent: Jacobus Broere; First Respondent: Mourant & Co (Trustees) Limited; Second Respondent: Fusina Trust Co. Limited; Third Respondent/appellant: Cornelis Broere; Fourth Respondent: Elizabeth Broere; Fifth Respondent: Jacoba (Jacqueline) Broere; Sixth Respondent: Cornelia A. K. Broere
Jurisdiction
Jersey
Judgment Date
14 January 2004
Procedural Posture
Appeal / Appeal From Royal Court Judgment Dated 22 July 2003
Outcome
Appeal dismissed
Legal Topics
Disclosure of Trust Documents, Beneficiary Rights, Discovery, Trustee Duties, Conflict of Interest
Trusts Equity Civil Procedure Disclosure of Trust Documents Beneficiary Rights Discovery Trustee Duties Conflict of Interest

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Jacobus Broere

Representor/respondent

Mourant & Co (Trustees) Limited

First Respondent

Fusina Trust Co. Limited

Second Respondent

Cornelis Broere

Third Respondent/appellant

Elizabeth Broere

Fourth Respondent

Jacoba (Jacqueline) Broere

Fifth Respondent

Cornelia A. K. Broere

Sixth Respondent

Procedural Posture

Appeal / Appeal From Royal Court Judgment Dated 22 July 2003

Legal Issues

  1. 1 Whether Cornelis Broere must disclose documents in his possession regardless of capacity
  2. 2 Whether the capacity in which documents are held affects their discoverability in trust litigation
  3. 3 Whether the Royal Court erred in requiring disclosure of documents related to the CB Trust

Ratio Decidendi

A beneficiary must disclose all relevant documents in their possession, custody, or power, regardless of the capacity in which they are held; the capacity is not a bar to inspection, and any specific objections to inspection must be raised separately.

Court Disposition

Appeal dismissed

Orders

  • Cornelis Broere must swear a further affidavit within 21 days appending a list of documents including those described in paragraphs 2 and 3 of Part II of Schedule I to CB2 of his affidavit dated 1 May 2003.
  • Documents must be listed regardless of the capacity in which they came into possession.