Jacobus Broere v Mourant & Co (Trustees) Ltd and [2003] JCA 159 (10 September 2003)

Jacobus Broere v Mourant & Co (Trustees) Ltd and [2003] JCA 159 (10 September 2003)

The CB Trustees are neither persons having a sufficient connection with the BB Trust under Article 47(2) of the Trusts (Jersey) Law nor necessary or proper parties under Rule 6/29(b) of the Royal Court Rules. There is no jurisdictional or discretionary basis to maintain them as parties to the proceedings, as Jacobus has no claim or entitlement against them, and their involvement is not required for the resolution of the issues between Jacobus and the BB Trustees.

Citation
[2003] JCA 159
Parties
Representor/respondent: Jacobus Broere; First Respondent/appellant: Mourant & Co (Trustees) Limited; Second Respondent/appellant: Fusina Trust Co. Limited; Third Respondent: Cornelis Broere; Fourth Respondent: Elizabeth Broere; Fifth Respondent: Jacoba (Jacqueline) Broere; Sixth Respondent: Cornelia A. K. Broere
Jurisdiction
Jersey
Judgment Date
10 September 2003
Procedural Posture
Appeal / Judgment on Appeal From Royal Court Decision Refusing Removal of CB Trustees as Parties
Outcome
Appeal allowed
Legal Topics
Joinder of Parties, Trustee Duties, Jurisdiction Under Trusts (jersey) Law, Necessary and Proper Parties
Trusts and Estates Civil Procedure Joinder of Parties Trustee Duties Jurisdiction Under Trusts (jersey) Law Necessary and Proper Parties

Case Brief

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Parties

Jacobus Broere

Representor/respondent

Mourant & Co (Trustees) Limited

First Respondent/appellant

Fusina Trust Co. Limited

Second Respondent/appellant

Cornelis Broere

Third Respondent

Elizabeth Broere

Fourth Respondent

Jacoba (Jacqueline) Broere

Fifth Respondent

Cornelia A. K. Broere

Sixth Respondent

Procedural Posture

Appeal / Judgment on Appeal From Royal Court Decision Refusing Removal of CB Trustees as Parties

Legal Issues

  1. 1 Whether Mourant & Co (Trustees) Limited and Fusina Trust Co Limited, as trustees of the Cornelis Broere Trust (CB Trustees), should remain as parties to proceedings concerning the Bastiaan Broere Trust (BB Trust)
  2. 2 Whether Article 47(2) of the Trusts (Jersey) Law provides jurisdiction to make orders against the CB Trustees at the suit of a non-beneficiary
  3. 3 Whether the CB Trustees are necessary or proper parties under Rule 6/29(b) of the Royal Court Rules

Ratio Decidendi

The CB Trustees are neither persons having a sufficient connection with the BB Trust under Article 47(2) of the Trusts (Jersey) Law nor necessary or proper parties under Rule 6/29(b) of the Royal Court Rules. There is no jurisdictional or discretionary basis to maintain them as parties to the proceedings, as Jacobus has no claim or entitlement against them, and their involvement is not required for the resolution of the issues between Jacobus and the BB Trustees.

Court Disposition

Appeal allowed

Orders

  • The first and second respondents (Mourant & Co (Trustees) Limited and Fusina Trust Co Limited) shall cease to be parties to these proceedings in their capacity as trustees of the Cornelis Broere Trust.