Crociani -v- Crociani [2017] JRC 101 (30 June 2017)

Crociani -v- Crociani [2017] JRC 101 (30 June 2017)

Preservative steps are necessary to secure the value of the Promissory Note and prevent payment to GFin pending final determination by the Jersey court as to the lawful owner; consent is granted for BNP Jersey and Appleby Mauritius to bring proceedings in the Netherlands and/or Italy.

Citation
[2017] JRC 101
Parties
First Defendant: Madame Crociani; Second Defendant: second defendant; Third Defendant: BNP Jersey; Fourth Defendant: Appleby Mauritius; Eighth Defendant: GFin; Fifth Defendant: Camilla; First Plaintiff: Cristiana; Plaintiffs: Cristiana's children
Jurisdiction
Jersey
Judgment Date
30 June 2017
Procedural Posture
Trust Litigation / Interlocutory Application
Outcome
Consent granted for BNP Jersey and Appleby Mauritius to bring proceedings in the Netherlands and/or Italy.
Legal Topics
Appointment of Trustees, Assignment of Trust Assets, Jurisdiction, Anti Suit Injunction, Preservation of Trust Property
Trusts Equity Injunctions Appointment of Trustees Assignment of Trust Assets Jurisdiction Anti Suit Injunction Preservation of Trust Property

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Parties

Madame Crociani

First Defendant

second defendant

Second Defendant

BNP Jersey

Third Defendant

Appleby Mauritius

Fourth Defendant

GFin

Eighth Defendant

Camilla

Fifth Defendant

Cristiana

First Plaintiff

Cristiana's children

Plaintiffs

Procedural Posture

Trust Litigation / Interlocutory Application

Legal Issues

  1. 1 Validity of trustee appointments
  2. 2 Assignment of promissory note
  3. 3 Jurisdiction of Jersey court

Ratio Decidendi

Preservative steps are necessary to secure the value of the Promissory Note and prevent payment to GFin pending final determination by the Jersey court as to the lawful owner; consent is granted for BNP Jersey and Appleby Mauritius to bring proceedings in the Netherlands and/or Italy.

Court Disposition

Consent granted for BNP Jersey and Appleby Mauritius to bring proceedings in the Netherlands and/or Italy.

Orders

  • BNP Jersey and Appleby Mauritius may initiate proceedings in the Netherlands and/or Italy to secure the value of the Promissory Note and prevent payment to GFin pending final determination by the Jersey court.