Harbour -v- Orb [2017] JRC 007 (12 January 2017)

Harbour -v- Orb [2017] JRC 007 (12 January 2017)

The Court found that Harbour II LP had an indisputable liquidated claim exceeding the statutory threshold, that Orb and Dr Cochrane were insolvent and had realisable assets, and that no genuine dispute or arguable defence was raised. The counterclaim filed in England was a last-minute attempt to avoid bankruptcy and lacked evidential support. The requirements for a declaration en désastre were met and there were no circumstances militating against granting the declarations.

Citation
[2017] JRC 007
Parties
Applicant: Harbour II LP; First Respondent: Orb a.r.l.; Second Respondent: Dr Gail Cochrane; Creditor: Phoenix Group Foundation; Creditor: Westward Consultants Limited; Creditor: Pro Vinci Limited; Creditor: Stewarts Law LLP; Interested Party: Litigation Capital
Jurisdiction
Jersey
Judgment Date
12 January 2017
Procedural Posture
Bankruptcy (désastre) Application / Judgment on Application for Declaration En Désastre
Outcome
applications granted; Orb and Dr Cochrane declared en désastre
Legal Topics
Declaration En Désastre, Liquidated Claim, Personal Guarantee, Creditor Remedies, Set Off and Counterclaim, Realisable Assets
Insolvency Bankruptcy Commercial Law Declaration En Désastre Liquidated Claim Personal Guarantee Creditor Remedies Set Off and Counterclaim +1 more

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 5 Authorities cited 11 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Harbour II LP

Applicant

Orb a.r.l.

First Respondent

Dr Gail Cochrane

Second Respondent

Phoenix Group Foundation

Creditor

Westward Consultants Limited

Creditor

Pro Vinci Limited

Creditor

Stewarts Law LLP

Creditor

Litigation Capital

Interested Party

Procedural Posture

Bankruptcy (désastre) Application / Judgment on Application for Declaration En Désastre

Legal Issues

  1. 1 Whether Orb and Dr Cochrane are insolvent for the purposes of the Bankruptcy (Désastre) (Jersey) Law 1990
  2. 2 Whether Harbour II LP has a liquidated claim exceeding the statutory threshold
  3. 3 Whether there is a genuine dispute or arguable defence to the claim

Ratio Decidendi

The Court found that Harbour II LP had an indisputable liquidated claim exceeding the statutory threshold, that Orb and Dr Cochrane were insolvent and had realisable assets, and that no genuine dispute or arguable defence was raised. The counterclaim filed in England was a last-minute attempt to avoid bankruptcy and lacked evidential support. The requirements for a declaration en désastre were met and there were no circumstances militating against granting the declarations.

Court Disposition

applications granted; Orb and Dr Cochrane declared en désastre

Orders

  • Declaration en désastre made in respect of Orb a.r.l.
  • Declaration en désastre made in respect of Dr Gail Cochrane