Crociani -v- Crociani [2017] JRC 212 (12 December 2017)

Crociani -v- Crociani [2017] JRC 212 (12 December 2017)

The fifth defendant is ordered to provide discovery of any documents relating to any matter in question in the Appleby Mauritius enquiry, insofar as such documents have not already been disclosed, because the value of the Promissory Note is directly linked to the value of the issuer and its underlying assets, and the fifth defendant has or has access to such information.

Citation
[2017] JRC 212
Parties
Applicant: Fourth Defendant; Respondent: Fifth Defendant; Neutral Party: Plaintiffs
Jurisdiction
Jersey
Judgment Date
12 December 2017
Procedural Posture
Trust Litigation / Post Trial, Discovery Application in Relation to Appleby Mauritius Enquiry
Outcome
Application granted
Legal Topics
Breach of Trust, Discovery, Assessment of Compensation, Valuation of Trust Assets
Trusts Equity Civil Procedure Breach of Trust Discovery Assessment of Compensation Valuation of Trust Assets

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Parties

Fourth Defendant

Applicant

Fifth Defendant

Respondent

Plaintiffs

Neutral Party

Procedural Posture

Trust Litigation / Post Trial, Discovery Application in Relation to Appleby Mauritius Enquiry

Legal Issues

  1. 1 Whether the fifth defendant should be ordered to provide discovery regarding the Appleby Mauritius enquiry
  2. 2 Relevance and necessity of information about underlying assets to the valuation of the Promissory Note

Ratio Decidendi

The fifth defendant is ordered to provide discovery of any documents relating to any matter in question in the Appleby Mauritius enquiry, insofar as such documents have not already been disclosed, because the value of the Promissory Note is directly linked to the value of the issuer and its underlying assets, and the fifth defendant has or has access to such information.

Court Disposition

Application granted

Orders

  • Fifth defendant to produce any documents relating to any matter in question in the Appleby Mauritius enquiry, insofar as such documents have not already been disclosed by any party.