Representation of CI Trustees [2009] JRC 215 (13 November 2009)

Representation of CI Trustees [2009] JRC 215 (13 November 2009)

The extension of time is granted until close of business on 19th November, based on the court's discretion and the need to clarify uncertainties in the trust's administration, with recognition of the Royal Court's jurisdiction and the trustee's right to seek directions.

Citation
[2009] JRC 215
Parties
Applicant: Mr Killmister; Respondent: Trustee (CI Trustees and Executors Limited); Plaintiff: Curator; Plaintiff: Wife of the interdict
Jurisdiction
Jersey
Judgment Date
13 November 2009
Procedural Posture
Application for Extension of Time / Interlocutory
Outcome
extension of time granted
Legal Topics
Extension of Time, Service of Affidavit, Jurisdiction, Beddoe Application, Forum Non Conveniens
Trust Law Civil Procedure Extension of Time Service of Affidavit Jurisdiction Beddoe Application Forum Non Conveniens

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Parties

Mr Killmister

Applicant

Trustee (CI Trustees and Executors Limited)

Respondent

Curator

Plaintiff

Wife of the interdict

Plaintiff

Procedural Posture

Application for Extension of Time / Interlocutory

Legal Issues

  1. 1 Whether to grant an extension of time for compliance with court orders for service of affidavit
  2. 2 Jurisdiction of the Royal Court over the trust dispute
  3. 3 Appropriateness of Beddoe application in Jersey or English court

Ratio Decidendi

The extension of time is granted until close of business on 19th November, based on the court's discretion and the need to clarify uncertainties in the trust's administration, with recognition of the Royal Court's jurisdiction and the trustee's right to seek directions.

Court Disposition

extension of time granted

Orders

  • Extension of time to comply with order for service of affidavit until close of business on 19th November
  • Costs will be in the cause