In re Esteem Settlement v [2000] JLR 165 (26 May 2000)
- Citation
- [2000] JLR 165
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trusts Application for Directions / Interlocutory
More details
- Posture
- Trusts Application for Directions / Interlocutory
On this page
Professional case brief
Research organized from the available case record
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
ApplicantUnnamed Third Party
Respondent03
Procedural history
Posture
Trusts Application for Directions / Interlocutory
04
Questions and positions
Legal issues
- 01
Whether a third party with a proprietary claim to trust funds obtained by fraud should be convened in an application for directions by trustees
- 02
Scope of court's discretion to convene parties in trust proceedings
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
Legal principles
- 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
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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