Chvetsov -v- BNP Paribas [2009] JCA 157 (11 August 2009)

Chvetsov -v- BNP Paribas [2009] JCA 157 (11 August 2009)

The pleaded facts do not disclose any reasonable cause of action against MA, as MA acted solely as nominee and agent for BNP and owed no trust or tortious duties to the plaintiff. The requirements for leave to appeal are not satisfied, as there is no clear error, novel principle, or important question of law.

Citation
[2009] JCA 157
Parties
Applicant/plaintiff: Oleg Chvetsov; Respondent/defendant: BNP Paribas Jersey Trust Corporation Limited; Respondent/defendant: Maison Anley Property Nominee Limited
Jurisdiction
Jersey
Judgment Date
11 August 2009
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal Decision of Deputy Bailiff Striking Out Claim
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
Striking Out Claims, Nominee Companies, Duties of Trustees and Agents, Leave to Appeal
Trust Law Civil Procedure Striking Out Claims Nominee Companies Duties of Trustees and Agents Leave to Appeal

Case Brief

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Parties

Oleg Chvetsov

Applicant/plaintiff

BNP Paribas Jersey Trust Corporation Limited

Respondent/defendant

Maison Anley Property Nominee Limited

Respondent/defendant

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal Decision of Deputy Bailiff Striking Out Claim

Legal Issues

  1. 1 Whether the order of justice disclosed a reasonable cause of action against Maison Anley Property Nominee Limited
  2. 2 Whether leave to appeal should be granted against the Deputy Bailiff's decision to strike out the claim

Ratio Decidendi

The pleaded facts do not disclose any reasonable cause of action against MA, as MA acted solely as nominee and agent for BNP and owed no trust or tortious duties to the plaintiff. The requirements for leave to appeal are not satisfied, as there is no clear error, novel principle, or important question of law.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • Plaintiff's application for leave to appeal is dismissed
  • Plaintiff to pay costs