MacKinnon v The Regent Trust Company Limited [2005] JRC 055 (25 April 2005)

MacKinnon v The Regent Trust Company Limited [2005] JRC 055 (25 April 2005)

The agreement between the Plaintiff and the Trustee is approved in the interests of all parties, but Clause 12 is excluded due to concerns about restricting evidence. The amended Order of Justice is accepted without referral to the Master. Costs are reserved until after the Court of Appeal decision.

Citation
[2005] JRC 055
Parties
Plaintiff/appellant: Andrew Kinross MacKinnon; First Defendant/respondent: The Regent Trust Company Limited; Second Defendant: Kenneth James MacKinnon; Third Defendant: Elizabeth Victoria MacKinnon (née Sharman); Fourth Defendant: Sebastian James MacKinnon; Fifth Defendant: Benjamin Thomas Skok MacKinnon; Sixth Defendant: Thomasin Anne Skok MacKinnon; Seventh Defendant: Sophie Linda Skok MacKinnon; Eighth Defendant: Alistair Kinross MacKinnon; Ninth Defendant: Ian James MacKinnon
Jurisdiction
Jersey
Judgment Date
25 April 2005
Procedural Posture
Appeal / Application to Approve Agreement and Amend Order of Justice
Outcome
Agreement approved (excluding Clause 12); amended Order of Justice accepted; costs reserved.
Legal Topics
Sham Trusts, Striking Out Pleadings, Trustee Duties, Costs, Settlement Approval
Trusts and Estates Civil Procedure Sham Trusts Striking Out Pleadings Trustee Duties Costs Settlement Approval

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Parties

Andrew Kinross MacKinnon

Plaintiff/appellant

The Regent Trust Company Limited

First Defendant/respondent

Kenneth James MacKinnon

Second Defendant

Elizabeth Victoria MacKinnon (née Sharman)

Third Defendant

Sebastian James MacKinnon

Fourth Defendant

Benjamin Thomas Skok MacKinnon

Fifth Defendant

Thomasin Anne Skok MacKinnon

Sixth Defendant

Sophie Linda Skok MacKinnon

Seventh Defendant

Alistair Kinross MacKinnon

Eighth Defendant

Ian James MacKinnon

Ninth Defendant

Procedural Posture

Appeal / Application to Approve Agreement and Amend Order of Justice

Legal Issues

  1. 1 Whether the agreement between the Plaintiff and the Trustee should be approved by the Court
  2. 2 Whether the amended Order of Justice should be accepted without further reference to the Master
  3. 3 Whether Clause 12 of the agreement improperly restricts evidence

Ratio Decidendi

The agreement between the Plaintiff and the Trustee is approved in the interests of all parties, but Clause 12 is excluded due to concerns about restricting evidence. The amended Order of Justice is accepted without referral to the Master. Costs are reserved until after the Court of Appeal decision.

Court Disposition

Agreement approved (excluding Clause 12); amended Order of Justice accepted; costs reserved.

Orders

  • Agreement between Plaintiff and Trustee approved, excluding Clause 12.
  • Amended Order of Justice accepted and initialled by the Court.