Investec v. Booth [2016] 1 JLR 101 (27 January 2016)
- Citation
- [2016] 1 JLR 101
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Bankruptcy Appeal / Appeal Against Declaration of Desastre
More details
- Posture
- Bankruptcy Appeal / Appeal Against Declaration of Desastre
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court dismissed the creditor's appeal, holding that desastre was the appropriate procedure in the circumstances, as the court was not satisfied that degrèvement would be better for unsecured creditors and desastre allows for debtor discharge and spouse applications under the law.
Court disposition
appeal dismissed
Orders
- Declaration of desastre affirmed
02
Material facts
Parties
Investec
CreditorBooth
Debtor03
Procedural history
Posture
Bankruptcy Appeal / Appeal Against Declaration of Desastre
04
Questions and positions
Legal issues
- 01
Whether the declaration of desastre was appropriate instead of degrèvement
- 02
Whether degrèvement would be better for unsecured creditors
Party arguments
- Applicant
- The creditor argued that degrèvement should have been ordered instead of a declaration of desastre, as it would be more beneficial for unsecured creditors.
- Respondent
- The debtor/respondent argued that desastre was appropriate and preferable in the circumstances, enabling discharge from liabilities and allowing applications under Bankruptcy (Desastre) (Jersey) Law 1990, art. 12.
05
Court’s reasoning
Legal principles
- 01
Bankruptcy (Desastre) (Jersey) Law 1990
Desastre is ordinarily preferred to degrèvement unless the court is satisfied that degrèvement would be better for unsecured creditors.
- 02
Bankruptcy (Desastre) (Jersey) Law 1990, art. 12
Desastre enables the debtor to be discharged from liabilities and permits applications by the debtor's spouse under art. 12.
06
Ratio, limits and disposition
Ratio decidendi
The court dismissed the creditor's appeal, holding that desastre was the appropriate procedure in the circumstances, as the court was not satisfied that degrèvement would be better for unsecured creditors and desastre allows for debtor discharge and spouse applications under the law.
Court disposition
appeal dismissed
- Declaration of desastre affirmed
Source and reliance status
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BAILII >> Databases >> Jersey Law Reports >> Investec v. Booth [2016] 1 JLR 101 (27 January 2016) URL: https://www.bailii.org/je/cases/JLR/2016/JLR161101.html Cite as: [2016] 1 JLR 101 [ New search ] [ Help ] Investec v. Booth 2016 (1) JLR 101 (27 January 2016) Bankruptcy-desastre-court's power to order-appeal by creditor against declaration of desastre dismissed as desastre, not degrèvement, appropriate in circumstances-desastre ordinarily preferred to degrèvement, court not satisfied that degrèvement better for unsecured creditors, desastre enables debtor to be discharged from liabilities and permits application by debtor's spouse under Bankruptcy (Desastre) (Jersey) Law 1990, art. 12 The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2016 (1) JLR 101 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2016/JLR161101.html
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