Grant and Reva Holdings Ltd -v- Dineen [2013] JRC 187 (25 September 2013)

Grant and Reva Holdings Ltd -v- Dineen [2013] JRC 187 (25 September 2013)

Leave to appeal out of time is granted because the factual disputes between the parties required assessment at trial, making summary judgment inappropriate; the appellant's conduct was chaotic but the deprivation of opportunity to present a defence outweighed the delay.

Citation
[2013] JRC 187
Parties
Appellant: First Appellant; Appellant: Second Appellant; Respondent: First Respondent; Respondent: Second Respondent
Jurisdiction
Jersey
Judgment Date
25 September 2013
Procedural Posture
Civil / Application for Leave to Appeal Out of Time Against Summary Judgment
Outcome
leave to appeal out of time granted; summary judgment set aside
Legal Topics
Extension of Time to Appeal, Summary Judgment, Loan Recovery, Damages
Civil Procedure Extension of Time to Appeal Summary Judgment Loan Recovery Damages

Case Brief

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Parties

First Appellant

Appellant

Second Appellant

Appellant

First Respondent

Respondent

Second Respondent

Respondent

Procedural Posture

Civil / Application for Leave to Appeal Out of Time Against Summary Judgment

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted against summary judgment
  2. 2 Whether summary judgment was appropriate given factual disputes

Ratio Decidendi

Leave to appeal out of time is granted because the factual disputes between the parties required assessment at trial, making summary judgment inappropriate; the appellant's conduct was chaotic but the deprivation of opportunity to present a defence outweighed the delay.

Court Disposition

leave to appeal out of time granted; summary judgment set aside

Orders

  • Appellant granted leave to appeal out of time
  • Summary judgment obtained by respondents set aside