Jersey Judgment

In re Esteem Settlement v [2000] JLR 165 (26 May 2000)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

A third party with a proprietary claim to trust funds obtained from it by fraud may be convened in an application for directions by trustees, as the court has inherent discretion to do so if necessary for the proper determination of the application.

Court disposition

Application allowed

Orders

  • Third party with proprietary claim to trust funds obtained by fraud may be convened in the proceedings

02

Material facts

Parties

Esteem Settlement

Applicant

Unnamed Third Party

Respondent

03

Procedural history

  1. Posture

    Trusts Application for Directions / Interlocutory

04

Questions and positions

Legal issues

Party arguments

Applicant
The trustees seek directions from the court regarding the involvement of a third party claiming a proprietary interest in trust funds allegedly obtained from it by fraud.
Respondent
The third party asserts a proprietary claim to the trust funds on the basis that they were obtained from it by fraud and seeks to be convened in the proceedings.

05

Court’s reasoning

  1. 01

    Jersey trust law/common law principles

    The court has an inherent discretion to convene a party if necessary to properly determine an application for directions by trustees.

06

Ratio, limits and disposition

Ratio decidendi

A third party with a proprietary claim to trust funds obtained from it by fraud may be convened in an application for directions by trustees, as the court has inherent discretion to do so if necessary for the proper determination of the application.

Court disposition

Application allowed

  • Third party with proprietary claim to trust funds obtained by fraud may be convened in the proceedings

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2000] JLR 165

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