In re Moustras v [2006] JLR 491 (08 November 2006)

In re Moustras v [2006] JLR 491 (08 November 2006)

If the Royal Court is satisfied on the balance of probabilities that the underlying debt has been repaid, it may declare so and has inherent jurisdiction to order the cancellation of the hypothèque in the Public Registry, despite the absence of statutory power.

Citation
[2006] JLR 491
Parties
Applicant: Moustras
Jurisdiction
Jersey
Judgment Date
08 November 2006
Procedural Posture
Land Law Application / Judgment
Outcome
Declaration granted; order for cancellation of hypothèque in Public Registry
Legal Topics
Hypothèque, Debt Repayment, Public Registry, Court Jurisdiction
Property Law Hypothèque Debt Repayment Public Registry Court Jurisdiction

Case Brief

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Parties

Moustras

Applicant

Procedural Posture

Land Law Application / Judgment

Legal Issues

  1. 1 Whether the Royal Court can declare that a debt underlying a hypothèque has been repaid on the balance of probabilities
  2. 2 Whether the Royal Court has inherent jurisdiction to order cancellation of a hypothèque in the Public Registry absent statutory power

Ratio Decidendi

If the Royal Court is satisfied on the balance of probabilities that the underlying debt has been repaid, it may declare so and has inherent jurisdiction to order the cancellation of the hypothèque in the Public Registry, despite the absence of statutory power.

Court Disposition

Declaration granted; order for cancellation of hypothèque in Public Registry

Orders

  • Declaration that the underlying debt has been repaid
  • Order for cancellation of hypothèque in Public Registry