P -v- O (27 February 2017)

P -v- O (27 February 2017)

The Registrar was entitled, on the evidence, to find that Mr P would not have cooperated in a sale at £765,000 after 26 November 2015 and that his stance was unreasonable. The caveat did not constitute an absolute bar to sale. The financial orders made were within the Registrar's discretion and supported by the evidence and law. The Court of Appeal found no basis to interfere with the Royal Court's dismissal of the appeal.

Citation
[2016] JRC 166
Parties
Appellant: P; Respondent: O
Jurisdiction
Jersey
Judgment Date
27 February 2017
Procedural Posture
Family Law Appeal / Appeal From Royal Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Matrimonial Property, Financial Orders, Appeals Procedure, Maintenance of Children
Family Law Matrimonial Property Financial Orders Appeals Procedure Maintenance of Children

Case Brief

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Parties

P

Appellant

O

Respondent

Procedural Posture

Family Law Appeal / Appeal From Royal Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Registrar erred in attributing responsibility to Mr P for the failed sale of the matrimonial home
  2. 2 Whether the financial orders made by the Registrar were justified in law and fact
  3. 3 Whether the Registrar had power to order payment of certain costs and maintenance

Ratio Decidendi

The Registrar was entitled, on the evidence, to find that Mr P would not have cooperated in a sale at £765,000 after 26 November 2015 and that his stance was unreasonable. The caveat did not constitute an absolute bar to sale. The financial orders made were within the Registrar's discretion and supported by the evidence and law. The Court of Appeal found no basis to interfere with the Royal Court's dismissal of the appeal.

Court Disposition

Appeal dismissed

Orders

  • All financial orders made by the Registrar stand, including those relating to mortgage interest, penalties, loan repayments, storage costs, oil purchase, life insurance premiums, childcare costs, and maintenance for children.