AG -v- Rosenlund and FNB International Trustees Ltd [2015] JRC 190 (16 September 2015)

AG -v- Rosenlund and FNB International Trustees Ltd [2015] JRC 190 (16 September 2015)

The preliminary issue decided was part of the final hearing and thus the judgment is final, entitling the respondents to an automatic right of appeal; extension of time to appeal is granted to avoid delaying the final hearing; costs are reserved to the trial judge for fairness.

Citation
[2015] JRC 190
Parties
Applicant: Attorney General; Respondent: Rosenlund; Respondent: FNB International Trustees Ltd
Jurisdiction
Jersey
Judgment Date
16 September 2015
Procedural Posture
Civil / Post Preliminary Judgment, Consequential Issues
Outcome
judgment on consequential issues
Legal Topics
Appeals, Interlocutory Vs Final Judgment, Extension of Time, Costs, Directions
Civil Procedure Appeals Interlocutory Vs Final Judgment Extension of Time Costs Directions

Case Brief

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Parties

Attorney General

Applicant

Rosenlund

Respondent

FNB International Trustees Ltd

Respondent

Procedural Posture

Civil / Post Preliminary Judgment, Consequential Issues

Legal Issues

  1. 1 Whether the preliminary judgment is interlocutory or final
  2. 2 Whether extension of time to appeal should be granted
  3. 3 Whether costs should be reserved to trial judge

Ratio Decidendi

The preliminary issue decided was part of the final hearing and thus the judgment is final, entitling the respondents to an automatic right of appeal; extension of time to appeal is granted to avoid delaying the final hearing; costs are reserved to the trial judge for fairness.

Court Disposition

judgment on consequential issues

Orders

  • Time for respondents to file appeal extended to 28 days after final judgment in substantive proceedings.
  • If judgment is interlocutory, time for application for leave to appeal also extended to 28 days after final judgment.