In re Antares Trust [2016] 1 JLR 409 (27 May 2016)
- Citation
- [2016] 1 JLR 409
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trusts Appointment of Trustees / Judgment on Appointment of Additional Trustees
More details
- Posture
- Trusts Appointment of Trustees / Judgment on Appointment of Additional Trustees
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
In very unusual circumstances, the appointment of additional trustees is not irrational if it is intended to prevent the loss of trust assets and to avoid the original trustee's conflict of interest.
Court disposition
Appointment of additional trustees upheld
02
Material facts
Parties
Antares Trust
Subject Trust03
Procedural history
Posture
Trusts Appointment of Trustees / Judgment on Appointment of Additional Trustees
04
Questions and positions
Legal issues
- 01
Whether appointment of additional trustees was irrational in the circumstances
- 02
Whether the appointment was justified to prevent loss of trust assets and avoid conflict of interest
Party arguments
- Applicant
- Appointment of additional trustees is necessary to prevent loss of trust assets and to avoid conflict of interest of the original trustee.
- Respondent
- Appointment of additional trustees is irrational.
05
Court’s reasoning
Legal principles
- 01
Jersey Trusts Law, as interpreted in this judgment
Appointment of additional trustees is not irrational if intended to prevent loss of trust assets and to avoid conflict of interest.
06
Ratio, limits and disposition
Ratio decidendi
In very unusual circumstances, the appointment of additional trustees is not irrational if it is intended to prevent the loss of trust assets and to avoid the original trustee's conflict of interest.
Court disposition
Appointment of additional trustees upheld
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re Antares Trust [2016] 1 JLR 409 (27 May 2016) URL: https://www.bailii.org/je/cases/JLR/2016/JLR161409.html Cite as: [2016] 1 JLR 409 [ New search ] [ Help ] In re Antares Trust 2016 (1) JLR 409 (27 May 2016) Trusts-appointment of trustees-reasons for appointment-in very unusual circumstances, appointment of additional trustees not irrational if intended to prevent loss of trust assets (by refusing to comply with Italian decree that assets held in Switzerland to be remitted to Italy and effectively confiscated) and to avoid original trustee's conflict of interest The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2016 (1) JLR 409 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2016/JLR161409.html
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