Crociani -v- Crociani [2017] JCA 162 (03 October 2017)

Crociani -v- Crociani [2017] JCA 162 (03 October 2017)

Exceptional circumstances exist because the plaintiffs' interest in Camilla's Fund is contingent and remote, and granting a stay does not deprive them of the fruits of their victory. The provision of a parent company guarantee further secures their position. Justice between the parties requires a stay pending appeal for the portion relating to Camilla's Fund.

Citation
[2017] JCA 162
Parties
First Plaintiff: Cristiana Crociani; Second Plaintiff: A (by her Guardian ad Litem, Nicolas Delrieu); Third Plaintiff: B (by her Guardian ad Litem, Nicolas Delrieu); First Defendant: Edoarda Crociani; Second Defendant: Paul Foortse; Third Defendant: BNP Paribas Jersey Trust Corporation Limited; Fourth Defendant: Appleby Trust (Mauritius) Limited; Fifth Defendant: Camilla De Bourbon des Deux Siciles; Sixth Defendant: Camillo Crociani Foundation IBC (Bahamas) Limited; Seventh Defendant: BNP Paribas Jersey Nominee Company Limited; Eighth Defendant: GFIN Corporate Services Limited
Jurisdiction
Jersey
Judgment Date
03 October 2017
Procedural Posture
Application for Stay Pending Appeal / Court of Appeal, Single Judge, Post Judgment Interlocutory Application
Outcome
Appeal allowed; stay granted pending appeal in respect of Camilla's Fund compensation order.
Legal Topics
Stay of Execution, Equitable Compensation, Trust Administration, Appeal Procedure
Trusts and Equity Civil Procedure Stay of Execution Equitable Compensation Trust Administration Appeal Procedure

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Parties

Cristiana Crociani

First Plaintiff

A (by her Guardian ad Litem, Nicolas Delrieu)

Second Plaintiff

B (by her Guardian ad Litem, Nicolas Delrieu)

Third Plaintiff

Edoarda Crociani

First Defendant

Paul Foortse

Second Defendant

BNP Paribas Jersey Trust Corporation Limited

Third Defendant

Appleby Trust (Mauritius) Limited

Fourth Defendant

Camilla De Bourbon des Deux Siciles

Fifth Defendant

Camillo Crociani Foundation IBC (Bahamas) Limited

Sixth Defendant

BNP Paribas Jersey Nominee Company Limited

Seventh Defendant

GFIN Corporate Services Limited

Eighth Defendant

Procedural Posture

Application for Stay Pending Appeal / Court of Appeal, Single Judge, Post Judgment Interlocutory Application

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal in respect of equitable compensation relating to Camilla's Fund
  2. 2 Whether exceptional circumstances exist to justify a stay where the plaintiffs' benefit is contingent and remote

Ratio Decidendi

Exceptional circumstances exist because the plaintiffs' interest in Camilla's Fund is contingent and remote, and granting a stay does not deprive them of the fruits of their victory. The provision of a parent company guarantee further secures their position. Justice between the parties requires a stay pending appeal for the portion relating to Camilla's Fund.

Court Disposition

Appeal allowed; stay granted pending appeal in respect of Camilla's Fund compensation order.

Orders

  • Stay of execution granted pending appeal for the portion of equitable compensation relating to Camilla's Fund.