BNP Paribas and Ors v Crociani [2018] JCA 141 (07 August 2018)

BNP Paribas and Ors v Crociani [2018] JCA 141 (07 August 2018)

Camilla's Trust is to be treated as fully paid out and has come to an end; amendments to the Royal Court order to protect the new trustee or require enforcement against Madame Crociani are unnecessary and inconsistent with the Court's findings; leave to appeal to the Privy Council is refused as the issues are not of general public importance; a stay is granted only on strict conditions; assignment of trust property to BNP Jersey is permitted but BNP Jersey must not profit beyond indemnification for sums paid to reconstitute Cristiana's fund.

Citation
[2018] JCA 141
Parties
First Appellant: BNP Paribas Jersey Trust Corporation Limited; Second Appellant: Appleby Trust (Mauritius) Limited; Third Appellant: Camilla de Bourbon des Deux Siciles; First Respondent: Cristiana Crociani; Second Respondent: A (by her Guardian ad litem); Third Respondent: B (by her Guardian ad litem)
Jurisdiction
Jersey
Judgment Date
07 August 2018
Procedural Posture
Appeal / Post Judgment Ancillary Applications and Costs Orders
Outcome
Appeal orders and ancillary applications determined; leave to appeal to Privy Council refused; costs and stay orders made; amendments to Royal Court order partially allowed.
Legal Topics
Equitable Compensation, Reconstitution of Trust Funds, Costs Orders, Leave to Appeal, Stay of Execution, Assignment of Trust Property
Trusts Equity Civil Procedure Equitable Compensation Reconstitution of Trust Funds Costs Orders Leave to Appeal Stay of Execution +1 more

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Parties

BNP Paribas Jersey Trust Corporation Limited

First Appellant

Appleby Trust (Mauritius) Limited

Second Appellant

Camilla de Bourbon des Deux Siciles

Third Appellant

Cristiana Crociani

First Respondent

A (by her Guardian ad litem)

Second Respondent

B (by her Guardian ad litem)

Third Respondent

Procedural Posture

Appeal / Post Judgment Ancillary Applications and Costs Orders

Legal Issues

  1. 1 Whether Camilla's Trust should be treated as fully paid out and come to an end
  2. 2 Whether amendments to the Act of the Royal Court of 11 September 2017 should be made to protect the new trustee
  3. 3 Whether leave to appeal to the Judicial Committee of the Privy Council should be granted

Ratio Decidendi

Camilla's Trust is to be treated as fully paid out and has come to an end; amendments to the Royal Court order to protect the new trustee or require enforcement against Madame Crociani are unnecessary and inconsistent with the Court's findings; leave to appeal to the Privy Council is refused as the issues are not of general public importance; a stay is granted only on strict conditions; assignment of trust property to BNP Jersey is permitted but BNP Jersey must not profit beyond indemnification for sums paid to reconstitute Cristiana's fund.

Court Disposition

Appeal orders and ancillary applications determined; leave to appeal to Privy Council refused; costs and stay orders made; amendments to Royal Court order partially allowed.

Orders

  • Each party to bear its own costs in relation to each appeal save Camilla, who pays each party's costs in relation to her appeal on the standard basis.
  • Costs of electronic material for the appeal to be shared equally.