Dick v Dick [2000] JRC 111 (23 June 2000)

Dick v Dick [2000] JRC 111 (23 June 2000)

The Saisie is lifted because there is an arguable case that the Plaintiff's claim in Jersey will fail and payments are being made; Plaintiff may seek a new Saisie if payments cease.

Citation
[2000] JRC 111
Parties
Plaintiff: Mrs Dick; Defendant: Mr Dick
Jurisdiction
Jersey
Judgment Date
23 June 2000
Procedural Posture
Saisie (seizure of Assets) / Post Appeal, Interim Order
Outcome
Saisie lifted
Legal Topics
Pendente Lite Maintenance, Fraud Allegations, Asset Seizure
Family Law Enforcement of Foreign Judgments Pendente Lite Maintenance Fraud Allegations Asset Seizure

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Parties

Mrs Dick

Plaintiff

Mr Dick

Defendant

Procedural Posture

Saisie (seizure of Assets) / Post Appeal, Interim Order

Legal Issues

  1. 1 Whether the Saisie should be lifted due to new evidence regarding payments to Mrs Dick
  2. 2 Whether the original Californian order was obtained by fraud, error, or mistake
  3. 3 Whether Mr Dick has ability to pay maintenance

Ratio Decidendi

The Saisie is lifted because there is an arguable case that the Plaintiff's claim in Jersey will fail and payments are being made; Plaintiff may seek a new Saisie if payments cease.

Court Disposition

Saisie lifted

Orders

  • Saisie is lifted
  • $10,000 to be paid monthly