Jersey Judgment

In re Intersub Ltd v [1985] JLR 202 (20 December 1985)

Maritime Law Attachment of Debt Property Within Jurisdiction Proceeds of Sale Earnings of Res

Citation: [1985] JLR 202
Status: Judgment
Jurisdiction: Jersey
Posture: Shipping / Judgment

More details

Posture: Shipping / Judgment

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Professional case brief

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Source document

Holding and result

A debt in maritime law attaches only to property (res) present within the jurisdiction; identification of proceeds of sale or past earnings is insufficient.

Court disposition

application dismissed

Material facts

Parties

Intersub Ltd

Applicant

Procedural history

Posture

Shipping / Judgment

Questions and positions

Legal issues

01
Whether a debt attaches only to property (res) present within the jurisdiction
02
Whether identification of proceeds of sale or past earnings of the res is sufficient for attachment

Party arguments

Applicant: The applicant likely argued that proceeds of sale or past earnings of the res should be sufficient for the debt to attach.
Respondent: The respondent likely argued that only property (res) physically present within the jurisdiction can be attached.

Court’s reasoning

Legal principles

01
[1985] JLR 202

A debt attaches only to property (res) present within the jurisdiction; it is insufficient merely to identify either proceeds of sale of the res or past earnings of the res.

Ratio, limits and disposition

Ratio decidendi

A debt in maritime law attaches only to property (res) present within the jurisdiction; identification of proceeds of sale or past earnings is insufficient.

Court disposition

application dismissed

Source and reliance status

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Source document

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Judgment text

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Source document

Court record

Judgment

[1985] JLR 202

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