Morelli v Morelli 17-Sep-2019 [2019] JRC 180 (17 September 2019)

Morelli v Morelli 17-Sep-2019 [2019] JRC 180 (17 September 2019)

The undertakings given by the Defendants in the consent order of 21 September 2016 are discharged because the Monaco civil proceedings referenced in the order have been concluded by a final and binding judgment, and the ongoing estate administration by a notary does not constitute continuing civil proceedings. Alternatively, even if the proceedings were not concluded, there has been a material change of circumstances since 2016, including the dismissal of criminal and proprietary claims and the absence of any real risk of dissipation, justifying discharge of the undertakings.

Citation
[2019] JRC 180
Parties
Plaintiff: Mario Morelli; Plaintiff: Marino Morelli; Defendant: Leonardo Morelli; Defendant: Giannina Morelli
Jurisdiction
Jersey
Judgment Date
17 September 2019
Procedural Posture
Application for Discharge/variation of Undertakings in Consent Order / Post Judgment, Application to Discharge Undertakings
Outcome
Application granted; Defendants' undertakings discharged
Legal Topics
Freezing Injunctions, Consent Orders, Variation/discharge of Undertakings, Estate Administration, Foreign Proceedings Support
Civil Procedure Trusts and Estates International Private Law Freezing Injunctions Consent Orders Variation/discharge of Undertakings Estate Administration Foreign Proceedings Support

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Parties

Mario Morelli

Plaintiff

Marino Morelli

Plaintiff

Leonardo Morelli

Defendant

Giannina Morelli

Defendant

Procedural Posture

Application for Discharge/variation of Undertakings in Consent Order / Post Judgment, Application to Discharge Undertakings

Legal Issues

  1. 1 Whether undertakings given by Defendants in the consent order of 21 September 2016 should be discharged or no longer apply
  2. 2 Whether there has been final resolution of the Monaco civil proceedings as required by the consent order
  3. 3 Whether there has been a material change of circumstances justifying discharge of undertakings

Ratio Decidendi

The undertakings given by the Defendants in the consent order of 21 September 2016 are discharged because the Monaco civil proceedings referenced in the order have been concluded by a final and binding judgment, and the ongoing estate administration by a notary does not constitute continuing civil proceedings. Alternatively, even if the proceedings were not concluded, there has been a material change of circumstances since 2016, including the dismissal of criminal and proprietary claims and the absence of any real risk of dissipation, justifying discharge of the undertakings.

Court Disposition

Application granted; Defendants' undertakings discharged

Orders

  • Defendants' undertakings in the consent order of 21 September 2016 are discharged.
  • Undertakings of the Parties Cited are discharged to the extent they reflect continuing obligations.