Crociani -v- BNP Paribas Jersey Trust Corporation Limited [2017] JCA 028 (21 February 2017)

Crociani -v- BNP Paribas Jersey Trust Corporation Limited [2017] JCA 028 (21 February 2017)

Appellant's failure to comply with disclosure order, despite opportunity to provide disclosure in confidence, justifies striking out appeal; costs awarded on standard basis except indemnity basis for proceedings following December Summons due to appellant's unacceptable response to court order.

Source-derived case information.

Citation
[2017] JCA 028
Parties
Appellant/first Defendant: Edoarda Crociani; Respondent: BNP Paribas Jersey Trust Corporation Limited
Jurisdiction
Jersey
Judgment Date
21 February 2017
Procedural Posture
Appeal / Application to Strike Out Notice of Appeal and Bar Prosecution of Appeal
Outcome
Notice of Appeal struck out; applications for discharge dismissed; costs awarded.
Legal Topics
Freezing Injunctions, Disclosure Orders, Appeal Procedure, Sanctions for Non Compliance
Trusts Civil Procedure Freezing Injunctions Disclosure Orders Appeal Procedure Sanctions for Non Compliance

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Parties

Edoarda Crociani

Appellant/first Defendant

BNP Paribas Jersey Trust Corporation Limited

Respondent

Procedural Posture

Appeal / Application to Strike Out Notice of Appeal and Bar Prosecution of Appeal

Legal Issues

  1. 1 Whether failure to comply with a disclosure order should bar prosecution of an appeal
  2. 2 Appropriate sanctions for breach of court orders
  3. 3 Test for granting indemnity costs

Ratio Decidendi

Appellant's failure to comply with disclosure order, despite opportunity to provide disclosure in confidence, justifies striking out appeal; costs awarded on standard basis except indemnity basis for proceedings following December Summons due to appellant's unacceptable response to court order.

Court Disposition

Notice of Appeal struck out; applications for discharge dismissed; costs awarded.

Orders

  • Appellant's Notice of Appeal dated 9 December struck out.
  • Applications for discharge stand dismissed.