Barclays -v- Hsu and Others [2010] JRC 003A (06 January 2010)

Barclays -v- Hsu and Others [2010] JRC 003A (06 January 2010)

The application for recognition/enforcement of the Massachusetts Court judgment was dismissed due to Nien's failure to appear and comply with procedural orders, compounded by the Trustee's lack of submission to Massachusetts jurisdiction and absence of power under Jersey law to grant the requested relief.

Citation
[2010] JRC 003A
Parties
Trustee: Barclays Private Bank and Trust Limited; Applicant/12th Party Convened/executor of Nai Cheng Hu Hsu's Estate: Nien-Hsi Hsu; Beneficiaries' Advocate: Advocate Robertson
Jurisdiction
Jersey
Judgment Date
06 January 2010
Procedural Posture
Trust and Order of Justice Proceedings / Final Hearing and Disposition
Outcome
Application dismissed; Trustee released from undertaking; Trust to be administered without regard to claims by estate of Nai-Cheng Hu Hsu; Order of Justice to be amended or struck out if not amended by deadline.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Trust Administration, Exclusion of Beneficiaries, Procedural Compliance
Trusts Private International Law Family Law Recognition and Enforcement of Foreign Judgments Trust Administration Exclusion of Beneficiaries Procedural Compliance

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Parties

Barclays Private Bank and Trust Limited

Trustee

Nien-Hsi Hsu

Applicant/12th Party Convened/executor of Nai Cheng Hu Hsu's Estate

Advocate Robertson

Beneficiaries' Advocate

Procedural Posture

Trust and Order of Justice Proceedings / Final Hearing and Disposition

Legal Issues

  1. 1 Should the Massachusetts Court judgment be recognised/enforced against the Tyzee Trust assets?
  2. 2 Should restraining orders from Massachusetts Court be recognised?
  3. 3 Should the Trustee be released from its undertaking not to make distributions?

Ratio Decidendi

The application for recognition/enforcement of the Massachusetts Court judgment was dismissed due to Nien's failure to appear and comply with procedural orders, compounded by the Trustee's lack of submission to Massachusetts jurisdiction and absence of power under Jersey law to grant the requested relief.

Court Disposition

Application dismissed; Trustee released from undertaking; Trust to be administered without regard to claims by estate of Nai-Cheng Hu Hsu; Order of Justice to be amended or struck out if not amended by deadline.

Orders

  • Trustee released from undertaking not to make distributions from the Trust.
  • Trustee to administer Trust without regard to claims by or on behalf of Nai-Cheng Hu Hsu's estate or similar claims.