O'Brien v Marett [2007] JRC 237A (11 December 2007)

O'Brien v Marett [2007] JRC 237A (11 December 2007)

Annette Marett is entitled to be joined as a party to protect her potential interest in property, but her participation is limited as her interests were previously represented and no substantive change has occurred since the consent order.

Citation
[2007] JRC 237A
Parties
Petitioner: Debra Ann O'Brien; Respondent: Jonathan Charles Marett; Third Party: Stephen James Marett; Proposed Intervenor: Annette Marett
Jurisdiction
Jersey
Judgment Date
11 December 2007
Procedural Posture
Matrimonial Proceedings / Interlocutory Application for Intervention
Outcome
Application to intervene granted with limitations; leave to appeal refused; no order as to costs.
Legal Topics
Intervention in Matrimonial Proceedings, Joinder of Parties, Costs, Leave to Appeal
Family Law Civil Procedure Intervention in Matrimonial Proceedings Joinder of Parties Costs Leave to Appeal

Case Brief

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Parties

Debra Ann O'Brien

Petitioner

Jonathan Charles Marett

Respondent

Stephen James Marett

Third Party

Annette Marett

Proposed Intervenor

Procedural Posture

Matrimonial Proceedings / Interlocutory Application for Intervention

Legal Issues

  1. 1 Whether Annette Marett should be joined as an intervenor in matrimonial proceedings
  2. 2 Whether the intervenor may participate in arguments on specific summonses
  3. 3 Entitlement to costs and leave to appeal

Ratio Decidendi

Annette Marett is entitled to be joined as a party to protect her potential interest in property, but her participation is limited as her interests were previously represented and no substantive change has occurred since the consent order.

Court Disposition

Application to intervene granted with limitations; leave to appeal refused; no order as to costs.

Orders

  • Annette Marett joined as a party to the cause.
  • Annette Marett not permitted to participate in arguments on the Third Party's summons to set aside the consent order or the Petitioner's summons to strike out part of that summons.