Morelli -v- Morelli [2016] JRC 172 (29 September 2016)

Morelli -v- Morelli [2016] JRC 172 (29 September 2016)

No proprietary claim is being made in Monaco proceedings in relation to SSI shares; no risk of dissipation or flight justifying Mareva injunction; equity does not support maintaining injunctions over SSI shares; judgment should be handed down despite settlement as proceedings are only stayed and public interest requires publication.

Citation
[2016] JRC 172
Parties
Plaintiff: Mario Morelli; Plaintiff: Marino Morelli; Defendant: Leonardo Morelli; Defendant: Giannina Morelli
Jurisdiction
Jersey
Judgment Date
29 September 2016
Procedural Posture
Injunction Proceedings / Interlocutory Judgment on Variation and Lifting of Freezing Orders
Outcome
SSI shares released from injunctions; application to withhold judgment dismissed; costs awarded to defendants.
Legal Topics
Freezing Injunctions, Proprietary Claims, Estate Administration, Interim Relief, Jurisdiction, Settlement and Consent Orders
Civil Procedure Family Law Trusts and Estates Injunctions Freezing Injunctions Proprietary Claims Estate Administration Interim Relief +2 more

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Parties

Mario Morelli

Plaintiff

Marino Morelli

Plaintiff

Leonardo Morelli

Defendant

Giannina Morelli

Defendant

Procedural Posture

Injunction Proceedings / Interlocutory Judgment on Variation and Lifting of Freezing Orders

Legal Issues

  1. 1 Whether proprietary or Mareva injunctions should be maintained over SSI shares
  2. 2 Whether there is a good arguable proprietary claim in Monaco proceedings
  3. 3 Whether there is risk of dissipation or flight justifying injunctions

Ratio Decidendi

No proprietary claim is being made in Monaco proceedings in relation to SSI shares; no risk of dissipation or flight justifying Mareva injunction; equity does not support maintaining injunctions over SSI shares; judgment should be handed down despite settlement as proceedings are only stayed and public interest requires publication.

Court Disposition

SSI shares released from injunctions; application to withhold judgment dismissed; costs awarded to defendants.

Orders

  • SSI shares released from freezing injunctions.
  • Application to withhold judgment dismissed.