Irish Nationwide v Volaw [2013] 2 JLR 107 (23 May 2013)

Irish Nationwide v Volaw [2013] 2 JLR 107 (23 May 2013)

The Royal Court's inherent jurisdiction to order post-judgment discovery for enforcement of judgment debts is not delegated to the Judicial Greffier and cannot be exercised by the Master.

Citation
[2013] 2 JLR 107
Parties
Applicant: Irish Nationwide; Respondent: Volaw
Jurisdiction
Jersey
Judgment Date
23 May 2013
Procedural Posture
Civil / Post Judgment Enforcement
Outcome
Jurisdiction not exercisable by Master; application for post-judgment discovery must be made to Royal Court.
Legal Topics
Judgment Debt Enforcement, Post Judgment Discovery, Court Jurisdiction
Civil Procedure Judgment Debt Enforcement Post Judgment Discovery Court Jurisdiction

Case Brief

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Parties

Irish Nationwide

Applicant

Volaw

Respondent

Procedural Posture

Civil / Post Judgment Enforcement

Legal Issues

  1. 1 Whether the Royal Court has inherent jurisdiction to order post-judgment discovery to assist enforcement of a judgment debt
  2. 2 Whether such jurisdiction is delegated to the Judicial Greffier or exercisable by the Master

Ratio Decidendi

The Royal Court's inherent jurisdiction to order post-judgment discovery for enforcement of judgment debts is not delegated to the Judicial Greffier and cannot be exercised by the Master.

Court Disposition

Jurisdiction not exercisable by Master; application for post-judgment discovery must be made to Royal Court.

Orders

  • Application for post-judgment discovery dismissed as not within Master's jurisdiction