Amy v Sloan and Ors [2005] JRC 035B (30 March 2005)

Amy v Sloan and Ors [2005] JRC 035B (30 March 2005)

The proceedings were an abuse of process as they sought to revive matters already settled by binding agreement and court orders, and the plaintiff's delay in prosecuting the claim was unreasonable and prejudicial.

Citation
[2005] JRC 035B
Parties
First Defendant: Mr Sloan; Plaintiff: Mrs Sloan; Second Defendant: Sandra Valda Martin; Third Defendant: Durisdeer Property and Finance Limited; Fourth Defendant: Stephen Peter Sloan
Jurisdiction
Jersey
Judgment Date
30 March 2005
Procedural Posture
Appeal / Appeal From Decision of Master Wheeler Striking Out Order of Justice
Outcome
appeal dismissed; Master's decision upheld
Legal Topics
Abuse of Process, Delay in Prosecution, Maintenance Orders, Property Transfers in Divorce
Family Law Civil Procedure Abuse of Process Delay in Prosecution Maintenance Orders Property Transfers in Divorce

Case Brief

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Parties

Mr Sloan

First Defendant

Mrs Sloan

Plaintiff

Sandra Valda Martin

Second Defendant

Durisdeer Property and Finance Limited

Third Defendant

Stephen Peter Sloan

Fourth Defendant

Procedural Posture

Appeal / Appeal From Decision of Master Wheeler Striking Out Order of Justice

Legal Issues

  1. 1 Whether the plaintiff's claim constituted an abuse of process due to delay and prior settlement
  2. 2 Whether the transfers of shares by the first defendant were shams or voidable for fraud
  3. 3 Whether maintenance and property matters had been finally settled

Ratio Decidendi

The proceedings were an abuse of process as they sought to revive matters already settled by binding agreement and court orders, and the plaintiff's delay in prosecuting the claim was unreasonable and prejudicial.

Court Disposition

appeal dismissed; Master's decision upheld

Orders

  • Order of Justice struck out as abuse of process
  • No further orders regarding maintenance or property transfers