Devy -v- Taylor 24 Aug-2011 [2011] JRC 165 (24 August 2011)

Devy -v- Taylor 24 Aug-2011 [2011] JRC 165 (24 August 2011)

The caveat was set aside because the respondents failed in their duty to make full and frank disclosure by not drawing the court's attention to documents in their possession that undermined a key allegation in their pleaded case, which was material to the application for ex parte relief.

Citation
[2011] JRC 165
Parties
Applicant: Mr Devy; Respondent: Mr Taylor; Respondent: Miss Taylor
Jurisdiction
Jersey
Judgment Date
24 August 2011
Procedural Posture
Application to Lift Caveat / Interlocutory
Outcome
Caveat lifted (set aside)
Legal Topics
Ex Parte Applications, Caveats on Immoveable Property, Full and Frank Disclosure, Breach of Trust, Conspiracy to Defraud
Civil Procedure Trusts and Equity Property Law Ex Parte Applications Caveats on Immoveable Property Full and Frank Disclosure Breach of Trust Conspiracy to Defraud

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Parties

Mr Devy

Applicant

Mr Taylor

Respondent

Miss Taylor

Respondent

Procedural Posture

Application to Lift Caveat / Interlocutory

Legal Issues

  1. 1 Whether the respondents failed to make full and frank disclosure when applying ex parte for a caveat on the applicant's property
  2. 2 Whether the respondents had locus standi to lodge a caveat as alleged creditors
  3. 3 Whether there was sufficient evidence of risk of dissipation of assets by the applicant

Ratio Decidendi

The caveat was set aside because the respondents failed in their duty to make full and frank disclosure by not drawing the court's attention to documents in their possession that undermined a key allegation in their pleaded case, which was material to the application for ex parte relief.

Court Disposition

Caveat lifted (set aside)

Orders

  • The caveat on Mr Devy's property is lifted due to failure of full and frank disclosure.