Moustras and Moustras 8-Nov-2006 [2006] JRC 157B (08 November 2006)

Moustras and Moustras 8-Nov-2006 [2006] JRC 157B (08 November 2006)

The court found, on the balance of probabilities and given the passage of time and circumstances, that the underlying debt had been repaid. The court held it had inherent jurisdiction to order cancellation of the hypothec in the Public Registry where the debt was repaid, despite the absence of statutory provision.

Citation
[2006] JRC 157B
Parties
Representor: Thomas Nicolas Moustras; Representor: Katina Moustras née Gavriel; Amicus Curiae: Attorney General (represented by Solicitor General)
Jurisdiction
Jersey
Judgment Date
08 November 2006
Procedural Posture
Representation / Judgment
Outcome
application granted
Legal Topics
Hypothec Cancellation, Declaratory Relief, Inherent Jurisdiction, Public Registry Accuracy
Property Law Land Registration Hypothec Cancellation Declaratory Relief Inherent Jurisdiction Public Registry Accuracy

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Parties

Thomas Nicolas Moustras

Representor

Katina Moustras née Gavriel

Representor

Attorney General (represented by Solicitor General)

Amicus Curiae

Procedural Posture

Representation / Judgment

Legal Issues

  1. 1 Whether the court should grant a declaration that the underlying debt secured by the hypothec has been repaid
  2. 2 Whether the court has inherent jurisdiction to order cancellation of the hypothec in the Public Registry

Ratio Decidendi

The court found, on the balance of probabilities and given the passage of time and circumstances, that the underlying debt had been repaid. The court held it had inherent jurisdiction to order cancellation of the hypothec in the Public Registry where the debt was repaid, despite the absence of statutory provision.

Court Disposition

application granted

Orders

  • Registrar to effect the cancellation of the hypothec secured on the property (formerly the Magnolia Hotel) belonging to the Representors.