Roach and Lamy v Viscount [2005] JRC 149 (25 October 2005)

Roach and Lamy v Viscount [2005] JRC 149 (25 October 2005)

The Court has jurisdiction to grant a declaration of désastre even where the applicant has no immediately realisable assets, as the statutory framework allows for after-acquired property and future income to be treated as realisable assets. However, the Court should exercise its discretion to grant such declarations only in exceptional circumstances, balancing the interests of creditors and the purpose of the désastre regime.

Citation
[2005] JRC 149
Parties
Applicant: Mr Roach; Applicant: Mrs Lamy; Intervener: Viscount
Jurisdiction
Jersey
Judgment Date
25 October 2005
Procedural Posture
Bankruptcy (désastre) Applications / Judgment on Applications for Declaration of Désastre
Outcome
Mr Roach's application for a declaration of désastre granted; Mrs Lamy's application refused.
Legal Topics
Désastre, Insolvency of Individuals, Jurisdiction for Bankruptcy Declaration, Discretion in Bankruptcy Proceedings
Insolvency Bankruptcy Désastre Insolvency of Individuals Jurisdiction for Bankruptcy Declaration Discretion in Bankruptcy Proceedings

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Parties

Mr Roach

Applicant

Mrs Lamy

Applicant

Viscount

Intervener

Procedural Posture

Bankruptcy (désastre) Applications / Judgment on Applications for Declaration of Désastre

Legal Issues

  1. 1 Does the Court have jurisdiction to grant a declaration of désastre where the applicant has no immediately realisable assets?
  2. 2 Should the Court exercise its discretion to grant a declaration of désastre in cases with no realisable assets?

Ratio Decidendi

The Court has jurisdiction to grant a declaration of désastre even where the applicant has no immediately realisable assets, as the statutory framework allows for after-acquired property and future income to be treated as realisable assets. However, the Court should exercise its discretion to grant such declarations only in exceptional circumstances, balancing the interests of creditors and the purpose of the désastre regime.

Court Disposition

Mr Roach's application for a declaration of désastre granted; Mrs Lamy's application refused.

Orders

  • Declaration of désastre made in respect of Mr Roach.
  • Application for declaration of désastre by Mrs Lamy refused.