CMC Holdings -v- Forster & Ors [2018] JRC 081 (02 May 2018)

CMC Holdings -v- Forster & Ors [2018] JRC 081 (02 May 2018)

Assessment of unjust enrichment and contribution is a matter for trial; pleadings are sufficiently clear for discovery; appeals to strike out and for summary judgment are dismissed as the claims are arguable and depend on factual determinations.

Citation
[2018] JRC 081
Parties
Appellant: Jeremiah Kiereini; Appellant: Charles Njonjo; Third Party Plaintiff: RBC Trust Company (International) Limited; Third Party Plaintiff: Regent Trust Company Limited; Plaintiff: CMC Holdings Ltd; First Defendant: Martin Forster
Jurisdiction
Jersey
Judgment Date
02 May 2018
Procedural Posture
Interlocutory Appeal / Appeal Against Refusal to Strike Out And/or Summary Judgment on Third Party Claims
Outcome
appeals dismissed
Legal Topics
Dishonest Assistance, Unjust Enrichment, Contribution and Indemnity, Breach of Fiduciary Duty, Strike Out Applications, Summary Judgment
Equity Company Law Trusts Civil Procedure Dishonest Assistance Unjust Enrichment Contribution and Indemnity Breach of Fiduciary Duty +2 more

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Parties

Jeremiah Kiereini

Appellant

Charles Njonjo

Appellant

RBC Trust Company (International) Limited

Third Party Plaintiff

Regent Trust Company Limited

Third Party Plaintiff

CMC Holdings Ltd

Plaintiff

Martin Forster

First Defendant

Procedural Posture

Interlocutory Appeal / Appeal Against Refusal to Strike Out And/or Summary Judgment on Third Party Claims

Legal Issues

  1. 1 Whether a dishonest assister can seek contribution or indemnity from co-defendants under the doctrine of unjust enrichment
  2. 2 Whether the pleadings sufficiently particularise the claims against the third party defendants
  3. 3 Applicability of Law Reform (Miscellaneous Provisions) (Jersey) Law 1960 to contribution between joint tortfeasors

Ratio Decidendi

Assessment of unjust enrichment and contribution is a matter for trial; pleadings are sufficiently clear for discovery; appeals to strike out and for summary judgment are dismissed as the claims are arguable and depend on factual determinations.

Court Disposition

appeals dismissed

Orders

  • Appeals of Mr Njonjo and Mr Kiereini are dismissed.
  • Third party claims to proceed to trial.