In re I.M.S. Ltd. v [1996] JLR 294 (23 October 1996)

In re I.M.S. Ltd. v [1996] JLR 294 (23 October 1996)

It is contrary to the efficient administration of justice to appeal an ex parte order subject to confirmation, as this creates multiple proceedings; the proper course is to challenge at the adjourned hearing or by separate summons.

Citation
[1996] JLR 294
Parties
Applicant: I. M. S. Ltd.
Jurisdiction
Jersey
Judgment Date
23 October 1996
Procedural Posture
Civil / Application to Set Aside Ex Parte Order
Outcome
appeal dismissed
Legal Topics
Setting Aside Ex Parte Orders, Appeals, Efficient Administration of Justice
Civil Procedure Setting Aside Ex Parte Orders Appeals Efficient Administration of Justice

Case Brief

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Parties

I. M. S. Ltd.

Applicant

Procedural Posture

Civil / Application to Set Aside Ex Parte Order

Legal Issues

  1. 1 Whether a party disputing the propriety of an ex parte order should appeal or challenge at an adjourned hearing or by separate summons

Ratio Decidendi

It is contrary to the efficient administration of justice to appeal an ex parte order subject to confirmation, as this creates multiple proceedings; the proper course is to challenge at the adjourned hearing or by separate summons.

Court Disposition

appeal dismissed

Orders

  • Party disputing ex parte order must challenge at adjourned hearing or by separate summons, not by appeal