Blenheim Trust v Morgan and ors [2002] JRC 150 (14 August 2002)

Blenheim Trust v Morgan and ors [2002] JRC 150 (14 August 2002)

The Court refused a general stay pending appeal, finding Blenheim's entitlement clear and the risk of irrecoverable funds outweighed by justice and prior denial of rights. A limited stay was granted, conditional on strict compliance with procedural safeguards and timetables.

Citation
[2002] JRC 150
Parties
Plaintiff: Blenheim; Defendant Trustee: Abacus; Defendant Trustee: Tabtim; Defendant Trustee: Osiris; Defendant Trustee: Goodways; First Defendant: Mr. Morgan
Jurisdiction
Jersey
Judgment Date
14 August 2002
Procedural Posture
Civil / Post Judgment, Applications for Stay and Appeal
Outcome
General stay refused; limited stay granted with conditions; extension of time for appeal granted.
Legal Topics
Beneficial Entitlement, Profit Sharing, Stay of Execution, Appeal Procedure
Trusts Company Law Beneficial Entitlement Profit Sharing Stay of Execution Appeal Procedure

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Parties

Blenheim

Plaintiff

Abacus

Defendant Trustee

Tabtim

Defendant Trustee

Osiris

Defendant Trustee

Goodways

Defendant Trustee

Mr. Morgan

First Defendant

Procedural Posture

Civil / Post Judgment, Applications for Stay and Appeal

Legal Issues

  1. 1 Entitlement to profit share in Kingsnorth project
  2. 2 Beneficial entitlement to shares in Belgrove
  3. 3 Application for stay pending appeal

Ratio Decidendi

The Court refused a general stay pending appeal, finding Blenheim's entitlement clear and the risk of irrecoverable funds outweighed by justice and prior denial of rights. A limited stay was granted, conditional on strict compliance with procedural safeguards and timetables.

Court Disposition

General stay refused; limited stay granted with conditions; extension of time for appeal granted.

Orders

  • Transfer 40 of 80 shares in Belgrove from Tabtim to Blenheim.
  • Transfer appropriate funds held by Belgrove to Blenheim representing profit share.