Consolidated Resources Armenia -v- Global Gold and Others [2014] JRC 132 (18 June 2014)
Default judgment is refused because the joint venture company is deadlocked due to shareholder disputes, preventing a fair trial. Justice requires preservation of the status quo pending determination of relief under Articles 143 or 155 of the Companies (Jersey) Law 1991.
- Citation
- [2014] JRC 132
- Parties
- Plaintiff: Consolidated Resources; First Defendant: Joint Venture Company; Second Defendant: Mr Van Krikorian; Third Defendant: Global Gold
- Jurisdiction
- Jersey
- Judgment Date
- 18 June 2014
- Procedural Posture
- Civil / Application for Default Judgment
- Outcome
- default judgment refused
- Legal Topics
- Joint Venture, Shareholder Disputes, Default Judgment, Injunctions, Unfair Prejudice, Winding Up
Case Brief
Summary, issues, holding and outcome
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Parties
Consolidated Resources
Plaintiff
Joint Venture Company
First Defendant
Mr Van Krikorian
Second Defendant
Global Gold
Third Defendant
Procedural Posture
Civil / Application for Default Judgment
Legal Issues
- 1 Whether default judgment should be granted against the joint venture company due to deadlock and failure to file an answer
- 2 Whether the internal deadlock between shareholders prevents a fair trial
- 3 Whether the plaintiff can enforce judgment in circumstances of deadlock
Ratio Decidendi
Default judgment is refused because the joint venture company is deadlocked due to shareholder disputes, preventing a fair trial. Justice requires preservation of the status quo pending determination of relief under Articles 143 or 155 of the Companies (Jersey) Law 1991.
Court Disposition
default judgment refused
Orders
- Status quo to be maintained pending determination of relief under Articles 143 or 155 of the Companies (Jersey) Law 1991
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