In re Esteem Settlement v [2002] JLR 243 (12 March 2002)
- Citation
- [2002] JLR 243
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Bankruptcy / Judgment
More details
- Posture
- Bankruptcy / Judgment
On this page
Professional case brief
Research organized from the available case record
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
Applicant03
Procedural history
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
Legal principles
- 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
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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