Cornish v Brelade Bay Limited [2019] JRC 091 (21 May 2019)

Cornish v Brelade Bay Limited [2019] JRC 091 (21 May 2019)

There is insufficient evidence of a real risk of dissipation of assets by the Defendant. The mere use of a special purpose vehicle and complex corporate structure does not, without more, establish such a risk. The Plaintiffs have not met the threshold for the grant of a freezing order or disclosure orders. The application is refused.

Citation
[2019] JRC 091
Parties
Plaintiffs: Cornish and Cornish; Defendant: Brelade Bay Limited
Jurisdiction
Jersey
Judgment Date
21 May 2019
Procedural Posture
Interlocutory Application for Freezing and Disclosure Orders / Post Issue, Pre Trial, Inter Partes Hearing
Outcome
Application for interim injunction and disclosure orders refused.
Legal Topics
Freezing Injunctions, Disclosure Orders, Risk of Dissipation, Special Purpose Vehicles, Material Non Disclosure, Balance of Convenience
Civil Procedure Contract Law Property Law Freezing Injunctions Disclosure Orders Risk of Dissipation Special Purpose Vehicles Material Non Disclosure +1 more

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Parties

Cornish and Cornish

Plaintiffs

Brelade Bay Limited

Defendant

Procedural Posture

Interlocutory Application for Freezing and Disclosure Orders / Post Issue, Pre Trial, Inter Partes Hearing

Legal Issues

  1. 1 Whether the Plaintiffs are entitled to a freezing order against the Defendant to prevent dissipation of assets
  2. 2 Whether the Plaintiffs are entitled to disclosure orders regarding the Defendant's assets, indebtedness, and corporate structure

Ratio Decidendi

There is insufficient evidence of a real risk of dissipation of assets by the Defendant. The mere use of a special purpose vehicle and complex corporate structure does not, without more, establish such a risk. The Plaintiffs have not met the threshold for the grant of a freezing order or disclosure orders. The application is refused.

Court Disposition

Application for interim injunction and disclosure orders refused.