Broere and Ors v Mourant and Co and Ors [2003] JCA 222 (03 December 2003)

Broere and Ors v Mourant and Co and Ors [2003] JCA 222 (03 December 2003)

Leave to appeal is granted because the issues raised are of wider significance and may assist the profession and the Royal Court in future similar cases, despite the general reluctance to grant leave in interlocutory discovery matters.

Citation
[2003] JCA 222
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
03 December 2003
Procedural Posture
Appeal / Application for Leave to Appeal and Stay of Execution
Outcome
Leave to appeal granted; leave to file affidavit within 21 days granted to respondent if desired.
Legal Topics
Discovery, Interlocutory Appeals, Leave to Appeal, Stay of Execution
Civil Procedure Discovery Interlocutory Appeals Leave to Appeal Stay of Execution

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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 / Application for Leave to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether leave to appeal should be granted in respect of an interlocutory order for discovery
  2. 2 Whether a stay of execution should be granted pending appeal
  3. 3 Whether ground 3 of the notice of appeal should be excluded from leave

Ratio Decidendi

Leave to appeal is granted because the issues raised are of wider significance and may assist the profession and the Royal Court in future similar cases, despite the general reluctance to grant leave in interlocutory discovery matters.

Court Disposition

Leave to appeal granted; leave to file affidavit within 21 days granted to respondent if desired.

Orders

  • Leave to appeal against the Royal Court order of 22nd July, 2003 is granted.
  • Leave to file an affidavit within 21 days is granted to the respondent if he wishes.