Jacobus Broere Trust v [2003] JCA 091 (06 June 2003)

Jacobus Broere Trust v [2003] JCA 091 (06 June 2003)

Leave to appeal is granted on the ground that it is strongly arguable the Royal Court did not adequately consider whether, in administrative proceedings, it is open to convene a third party shareholder of a trust asset, and this is of sufficient general importance to merit the Court of Appeal's attention.

Citation
[2003] JCA 091
Parties
Representor/respondent: Jacobus Broere; First Respondent/appellant: Mourant & Co (Trustees) Limited; Second Respondent/appellant: Fusina Trust Co. Limited; Third Respondent/intervenor: Cornelis Broere; Fourth Respondent: Elizabeth Broere; Fifth Respondent: Jacoba (Jacqueline) Broere; Sixth Respondent: Cornelia A. K. Broere
Jurisdiction
Jersey
Judgment Date
06 June 2003
Procedural Posture
Appeal / Application for Leave to Appeal From Royal Court Judgment
Outcome
Leave to appeal granted in part; leave to intervene refused.
Legal Topics
Trustee Duties, Beneficiary Rights, Conflict of Interest, Jurisdiction in Trust Proceedings, Costs in Trust Litigation
Trusts and Estates Company Law Trustee Duties Beneficiary Rights Conflict of Interest Jurisdiction in Trust Proceedings Costs in Trust Litigation

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/intervenor

Elizabeth Broere

Fourth Respondent

Jacoba (Jacqueline) Broere

Fifth Respondent

Cornelia A. K. Broere

Sixth Respondent

Procedural Posture

Appeal / Application for Leave to Appeal From Royal Court Judgment

Legal Issues

  1. 1 Whether Article 47(3) of the Trusts (Jersey) Law 1984 applies to trustees as shareholders rather than as trustees
  2. 2 Whether in administrative proceedings a beneficiary can seek orders directly against a third party shareholder of a trust asset
  3. 3 Whether leave to intervene should be granted to the settlor

Ratio Decidendi

Leave to appeal is granted on the ground that it is strongly arguable the Royal Court did not adequately consider whether, in administrative proceedings, it is open to convene a third party shareholder of a trust asset, and this is of sufficient general importance to merit the Court of Appeal's attention.

Court Disposition

Leave to appeal granted in part; leave to intervene refused.

Orders

  • Leave to appeal granted on the issue of convening third party shareholders in administrative proceedings.
  • Leave to intervene refused to Cornelis Broere.