BNP Paribas Jersey Trust Corporation v Siciles C. de Bourbon des Deux 07-Oct-2019 [2019] JRC 199 (07 October 2019)

BNP Paribas Jersey Trust Corporation v Siciles C. de Bourbon des Deux 07-Oct-2019 [2019] JRC 199 (07 October 2019)

Camilla was found in contempt of court for failing to comply with the December 2018 Disclosure Order and two costs orders. The court was satisfied beyond reasonable doubt that there was no Monaco law impediment to compliance, Camilla failed to provide full disclosure as ordered, and procedural fairness was observed. Her affidavits did not fulfil her obligations, and she only disclosed information already discovered by BNP Jersey.

Citation
[2019] JRC 199
Parties
Third Defendant / Applicant: BNP Jersey; Fifth Defendant / Respondent: Camilla; First Defendant: Mme Crociani; First Plaintiff: Cristiana
Jurisdiction
Jersey
Judgment Date
07 October 2019
Procedural Posture
Contempt Proceedings / Judgment on Contempt Application
Outcome
Camilla found in contempt of court for breach of disclosure and costs orders.
Legal Topics
Breach of Disclosure Order, Breach of Costs Orders, Freezing Injunctions, Asset Tracing, Procedural Fairness
Trusts Contempt of Court Civil Procedure Breach of Disclosure Order Breach of Costs Orders Freezing Injunctions Asset Tracing Procedural Fairness

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Parties

BNP Jersey

Third Defendant / Applicant

Camilla

Fifth Defendant / Respondent

Mme Crociani

First Defendant

Cristiana

First Plaintiff

Procedural Posture

Contempt Proceedings / Judgment on Contempt Application

Legal Issues

  1. 1 Whether Camilla is in contempt of court for breach of disclosure order dated 14 December 2018
  2. 2 Whether Camilla is in contempt for failure to comply with costs orders dated 6 February 2019 and 21 February 2019
  3. 3 Whether procedural fairness was observed in contempt proceedings

Ratio Decidendi

Camilla was found in contempt of court for failing to comply with the December 2018 Disclosure Order and two costs orders. The court was satisfied beyond reasonable doubt that there was no Monaco law impediment to compliance, Camilla failed to provide full disclosure as ordered, and procedural fairness was observed. Her affidavits did not fulfil her obligations, and she only disclosed information already discovered by BNP Jersey.

Court Disposition

Camilla found in contempt of court for breach of disclosure and costs orders.

Orders

  • Camilla is in contempt for failing to pay costs orders dated 6 February 2019 and 21 February 2019.
  • Camilla is in contempt for failing to comply with the December 2018 Disclosure Order from 25 January 2019 to 19 June 2019.