In the matter of the Saisies Judiciaires of Robert Tantular 18-Jun -2019 [2019] JRC 114 (18 June 2019)

In the matter of the Saisies Judiciaires of Robert Tantular 18-Jun -2019 [2019] JRC 114 (18 June 2019)

The saisies judiciaires prevent assignment of the Mortgage because such assignment constitutes 'dealing' with realisable property under restraint. Only bona fide, arm's length third parties may exercise such rights; assignment to Mr Koswara, a friend of the Settlor, is not permitted. Variation of saisies is refused as it would undermine the purpose of the restraint and risk prejudice to confiscation proceedings.

Citation
[2019] JRC 114
Parties
Applicant: Jason Ray Tan; Applicant: Credit Suisse AG; Applicant: Mrs Tan; Applicant: Ms Tan; Respondent: Jonzelle Limited; Respondent: Jasmine Investment Trust Trustee; Respondent: Attorney General (Government of Indonesia); Respondent: Viscount
Jurisdiction
Jersey
Judgment Date
18 June 2019
Procedural Posture
Application for Declaration and Variation of Saisies Judiciaires / Judgment on Application
Outcome
Application refused
Legal Topics
Proceeds of Crime, Confiscation Orders, Saisie Judiciaire, Mortgage Assignment, Freezing Orders, Human Rights
Criminal Law Trusts and Estates Property Law International Law Proceeds of Crime Confiscation Orders Saisie Judiciaire Mortgage Assignment +2 more

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Parties

Jason Ray Tan

Applicant

Credit Suisse AG

Applicant

Mrs Tan

Applicant

Ms Tan

Applicant

Jonzelle Limited

Respondent

Jasmine Investment Trust Trustee

Respondent

Attorney General (Government of Indonesia)

Respondent

Viscount

Respondent

Procedural Posture

Application for Declaration and Variation of Saisies Judiciaires / Judgment on Application

Legal Issues

  1. 1 Whether saisies judiciaires prevent assignment of mortgage by Credit Suisse AG
  2. 2 Whether saisies should be varied to permit assignment to Mr Koswara
  3. 3 Interpretation of 'dealing' under Modified Law

Ratio Decidendi

The saisies judiciaires prevent assignment of the Mortgage because such assignment constitutes 'dealing' with realisable property under restraint. Only bona fide, arm's length third parties may exercise such rights; assignment to Mr Koswara, a friend of the Settlor, is not permitted. Variation of saisies is refused as it would undermine the purpose of the restraint and risk prejudice to confiscation proceedings.

Court Disposition

Application refused

Orders

  • Declaration that saisies prevent assignment of Mortgage refused
  • Variation of saisies to permit assignment refused