Gecamines v FG Hemisphere [2012] 2 JLR 172 (17 July 2012)

Gecamines v FG Hemisphere [2012] 2 JLR 172 (17 July 2012)

A large mining company with separate commercial assets and business is a separate entity from the state and not liable for the government's debts; government control and occasional use of assets as state revenue are insufficient to displace the presumption of respect for separate corporate status.

Citation
[2012] 2 JLR 172
Parties
Applicant: Gecamines; Respondent: FG Hemisphere
Jurisdiction
Jersey
Judgment Date
17 July 2012
Procedural Posture
Civil / Judgment
Outcome
applicant not liable for government debts
Legal Topics
State Immunity, Separate Legal Personality, Liability of State Owned Entities
Administrative Law Commercial Law State Immunity Separate Legal Personality Liability of State Owned Entities

Case Brief

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Parties

Gecamines

Applicant

FG Hemisphere

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a state-owned entity is separate from the state for purposes of immunity, substantive liability, and enforcement
  2. 2 Whether government control or use of assets is sufficient to disregard separate corporate status

Ratio Decidendi

A large mining company with separate commercial assets and business is a separate entity from the state and not liable for the government's debts; government control and occasional use of assets as state revenue are insufficient to displace the presumption of respect for separate corporate status.

Court Disposition

applicant not liable for government debts