Jersey Judgment

In re Esteem Settlement v [2002] JLR 243 (12 March 2002)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Interest earned on the loan of an asset disposed of in fraud of creditors is the fruit of the asset itself and is subject to recovery under a Pauline action.

Court disposition

interest earned on the loan of the asset is recoverable as fruit of the asset

02

Material facts

Parties

In re Esteem Settlement

Applicant

03

Procedural history

  1. Posture

    Bankruptcy / Judgment

04

Questions and positions

Legal issues

Whether interest earned on a loan of an asset disposed of in fraud of creditors constitutes the fruit of the asset itself under a Pauline action.

Party arguments

Applicant
The interest earned on the loan of an asset disposed of in fraud of creditors should be considered as the fruit of the asset and thus recoverable.
Respondent
The interest earned is not the asset itself and should not be recoverable as part of the Pauline action.

05

Court’s reasoning

  1. 01

    Pauline action, Jersey bankruptcy law

    Interest earned on a loan of an asset disposed of in fraud of creditors is considered the fruit of the asset itself and is recoverable.

06

Ratio, limits and disposition

Ratio decidendi

Interest earned on the loan of an asset disposed of in fraud of creditors is the fruit of the asset itself and is subject to recovery under a Pauline action.

Court disposition

interest earned on the loan of the asset is recoverable as fruit of the asset

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2002] JLR 243

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