Stock -v- Pantrust International SA and Others [2015] JRC 268 (23 December 2015)

Stock -v- Pantrust International SA and Others [2015] JRC 268 (23 December 2015)

The application for a preliminary issue was refused because the issues of trust validity and agency were factually complex, overlapped with other issues, and could not be separated for discrete determination. The case required a single trial. Leave was granted to amend the answer and counterclaim and to pursue third party claims against other Dick family members within Jersey, but not against the fourth respondent as its position was already protected by court order.

Citation
[2015] JRC 268
Parties
Representor: Representor (unnamed, member of Dick Family); Respondents: First to Third Respondents (Panamanian Trustee and first and second directors); Respondent: Fourth Respondent (unnamed)
Jurisdiction
Jersey
Judgment Date
23 December 2015
Procedural Posture
Representation (trust Proceedings) / Interlocutory Applications (preliminary Issue and Amendment/third Party Claim)
Outcome
Preliminary issue application refused; amendment and third party claim against Dick family members in Jersey allowed; third party claim against fourth respondent refused; costs awarded against representor for preliminary issue application; fourth respondent's costs to be paid out of trust assets.
Legal Topics
Preliminary Issues, Trust Validity, Agency Vs. Trust, Amendment of Pleadings, Third Party Claims, Costs Orders
Trusts and Equity Civil Procedure Preliminary Issues Trust Validity Agency Vs. Trust Amendment of Pleadings Third Party Claims Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Representor (unnamed, member of Dick Family)

Representor

First to Third Respondents (Panamanian Trustee and first and second directors)

Respondents

Fourth Respondent (unnamed)

Respondent

Procedural Posture

Representation (trust Proceedings) / Interlocutory Applications (preliminary Issue and Amendment/third Party Claim)

Legal Issues

  1. 1 Whether a preliminary issue should be ordered to determine the true nature of the trusts (trust or agency) and the proper law of the trusts
  2. 2 Whether to permit amendment of the answer and counterclaim and allow third party claims against other Dick family members and the fourth respondent

Ratio Decidendi

The application for a preliminary issue was refused because the issues of trust validity and agency were factually complex, overlapped with other issues, and could not be separated for discrete determination. The case required a single trial. Leave was granted to amend the answer and counterclaim and to pursue third party claims against other Dick family members within Jersey, but not against the fourth respondent as its position was already protected by court order.

Court Disposition

Preliminary issue application refused; amendment and third party claim against Dick family members in Jersey allowed; third party claim against fourth respondent refused; costs awarded against representor for preliminary issue application; fourth respondent's costs to be paid out of trust assets.

Orders

  • Refusal to order preliminary issue as sought by representor
  • Leave to amend answer and counterclaim and issue third party claims against Dick family members within Jersey