Home Farm Developments Limited and Others -v- Le Sueur [2016] JCA 010B (18 January 2016)

Home Farm Developments Limited and Others -v- Le Sueur [2016] JCA 010B (18 January 2016)

The court refused to grant an extension of time because the delay, though not long, was unjustified, the summonses were not in proper form or supported by evidence, and the applicant failed to comply with clear directions. The consequences of granting an extension would unfairly prejudice the respondents, and the applicant had already been given an indulgence to amend his pleading.

Citation
[2016] JCA 010B
Parties
Applicant: Mr Holmes; Respondent: Mr Le Sueur
Jurisdiction
Jersey
Judgment Date
18 January 2016
Procedural Posture
Civil Appeal / Application for Extension of Time Following Strike Out
Outcome
Extension of time refused; claim remains struck out.
Legal Topics
Extension of Time, Strike Out, Restoration of Company, Amendment of Pleadings
Civil Procedure Extension of Time Strike Out Restoration of Company Amendment of Pleadings

Case Brief

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Parties

Mr Holmes

Applicant

Mr Le Sueur

Respondent

Procedural Posture

Civil Appeal / Application for Extension of Time Following Strike Out

Legal Issues

  1. 1 Whether the court should grant an extension of time for issuing summonses after the deadline set by a previous judgment
  2. 2 Whether the summonses issued by Mr Holmes were valid and in proper form

Ratio Decidendi

The court refused to grant an extension of time because the delay, though not long, was unjustified, the summonses were not in proper form or supported by evidence, and the applicant failed to comply with clear directions. The consequences of granting an extension would unfairly prejudice the respondents, and the applicant had already been given an indulgence to amend his pleading.

Court Disposition

Extension of time refused; claim remains struck out.

Orders

  • Act of Court issued on 18th February 2014 now takes effect.
  • The claim brought in the name of Strata remains struck out.