Crociani -v- Crociani [2016] JRC 085 (18 April 2016)

Crociani -v- Crociani [2016] JRC 085 (18 April 2016)

Plaintiffs are granted leave to amend the Order of Justice to challenge the validity of the 2016 appointment and to join GFin as a party, with leave to serve GFin out of the jurisdiction. Disclosure orders are made against relevant defendants regarding changes to the promissory note. Interlocutory injunctions are granted restraining the fourth defendant and GFin from dealing with the promissory note other than to collect interest. Applications for orders requiring defendants to apply for stay of Mauritius proceedings are reserved, and unless orders are declined, pending referral to the Master.

Citation
[2016] JRC 085
Parties
Plaintiff: Cristiana Crociani; Fourth Defendant: Appleby Trust (Mauritius) Ltd; Proposed Trustee/party: GFin Corporate Services Limited; Third Defendant: BNP Jersey; First Defendant: First defendant (settlor); Second Defendant: Second defendant; Fifth Defendant: Fifth defendant; Sixth Defendant: Sixth defendant; Seventh Defendant: Seventh defendant
Jurisdiction
Jersey
Judgment Date
18 April 2016
Procedural Posture
Trust Litigation / Interlocutory Application and Amendment of Pleadings
Outcome
Application granted in part, reserved in part, declined in part.
Legal Topics
Appointment and Retirement of Trustees, Jurisdictional Disputes, Fiduciary Duties, Anti Suit Injunctions, Disclosure, Breach of Trust
Trusts Private International Law Civil Procedure Appointment and Retirement of Trustees Jurisdictional Disputes Fiduciary Duties Anti Suit Injunctions Disclosure +1 more

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Parties

Cristiana Crociani

Plaintiff

Appleby Trust (Mauritius) Ltd

Fourth Defendant

GFin Corporate Services Limited

Proposed Trustee/party

BNP Jersey

Third Defendant

First defendant (settlor)

First Defendant

Second defendant

Second Defendant

Fifth defendant

Fifth Defendant

Sixth defendant

Sixth Defendant

Seventh defendant

Seventh Defendant

Procedural Posture

Trust Litigation / Interlocutory Application and Amendment of Pleadings

Legal Issues

  1. 1 Validity of the 2016 appointment of GFin as trustee
  2. 2 Jurisdiction over disputes relating to the Grand Trust
  3. 3 Fiduciary exercise of trustee powers

Ratio Decidendi

Plaintiffs are granted leave to amend the Order of Justice to challenge the validity of the 2016 appointment and to join GFin as a party, with leave to serve GFin out of the jurisdiction. Disclosure orders are made against relevant defendants regarding changes to the promissory note. Interlocutory injunctions are granted restraining the fourth defendant and GFin from dealing with the promissory note other than to collect interest. Applications for orders requiring defendants to apply for stay of Mauritius proceedings are reserved, and unless orders are declined, pending referral to the Master.

Court Disposition

Application granted in part, reserved in part, declined in part.

Orders

  • Leave to amend Order of Justice to challenge 2016 appointment and join GFin as party, with leave to serve out of jurisdiction.
  • Disclosure order against relevant defendants regarding changes to promissory note.