G -v- H (Matrimonial) [2016] JRC 091 (29 April 2016)

G -v- H (Matrimonial) [2016] JRC 091 (29 April 2016)

The Registrar was entitled to prefer the Respondent's evidence except as to interest, was correct to rely on the revised joint expert valuation of H Ltd and to discount Mr B's report, properly assessed the Petitioner's interest in H Ltd as limited to one share, correctly found no value in A Ltd, exercised discretion appropriately regarding Property 2 and Property 1, but erred in not awarding interest on the monetary sum due to the Petitioner.

Citation
[2016] JRC 091
Parties
Petitioner: G; Respondent: H
Jurisdiction
Jersey
Judgment Date
29 April 2016
Procedural Posture
Divorce Ancillary Relief Appeal / Appeal From Registrar's Order
Outcome
Appeal dismissed in part; allowed only as to interest on the monetary award.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Valuation of Company Shares, Credibility of Witnesses, Interest on Monetary Awards
Family Law Ancillary Relief Division of Matrimonial Assets Valuation of Company Shares Credibility of Witnesses Interest on Monetary Awards

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Parties

G

Petitioner

H

Respondent

Procedural Posture

Divorce Ancillary Relief Appeal / Appeal From Registrar's Order

Legal Issues

  1. 1 Whether the Registrar erred in preferring the Respondent's evidence over the Petitioner's
  2. 2 Whether the valuation of H Ltd was correctly determined
  3. 3 Whether the Registrar properly admitted and considered expert evidence

Ratio Decidendi

The Registrar was entitled to prefer the Respondent's evidence except as to interest, was correct to rely on the revised joint expert valuation of H Ltd and to discount Mr B's report, properly assessed the Petitioner's interest in H Ltd as limited to one share, correctly found no value in A Ltd, exercised discretion appropriately regarding Property 2 and Property 1, but erred in not awarding interest on the monetary sum due to the Petitioner.

Court Disposition

Appeal dismissed in part; allowed only as to interest on the monetary award.

Orders

  • The sum of £29,102.11 due to the Petitioner shall bear interest at the court rate on any outstanding balance until repayment.
  • All other aspects of the Registrar's order are affirmed.