In re Esteem Settlement v [2000] JLR 165 (26 May 2000)

In re Esteem Settlement v [2000] JLR 165 (26 May 2000)

A third party with a proprietary claim to trust funds obtained from it by fraud may be convened in an application for directions by trustees, as the court has inherent discretion to do so if necessary for the proper determination of the application.

Citation
[2000] JLR 165
Parties
Applicant: Esteem Settlement; Respondent: Unnamed Third Party
Jurisdiction
Jersey
Judgment Date
26 May 2000
Procedural Posture
Trusts Application for Directions / Interlocutory
Outcome
Application allowed
Legal Topics
Powers and Duties of Trustees, Directions to Trustees, Convening Parties, Proprietary Claims, Fraud
Trusts Powers and Duties of Trustees Directions to Trustees Convening Parties Proprietary Claims Fraud

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Parties

Esteem Settlement

Applicant

Unnamed Third Party

Respondent

Procedural Posture

Trusts Application for Directions / Interlocutory

Legal Issues

  1. 1 Whether a third party with a proprietary claim to trust funds obtained by fraud should be convened in an application for directions by trustees
  2. 2 Scope of court's discretion to convene parties in trust proceedings

Ratio Decidendi

A third party with a proprietary claim to trust funds obtained from it by fraud may be convened in an application for directions by trustees, as the court has inherent discretion to do so if necessary for the proper determination of the application.

Court Disposition

Application allowed

Orders

  • Third party with proprietary claim to trust funds obtained by fraud may be convened in the proceedings