re Leisure Net v [2002] JRC 104 (25 May 2002)

re Leisure Net v [2002] JRC 104 (25 May 2002)

The application for a stay is refused because granting a stay would defeat the principles of comity, the applicants lack standing, the orders were properly made with safeguards, and the appeal in South Africa does not justify a stay in Jersey.

Citation
[2002] JRC 104
Parties
Joint Liquidator: Robert John Walters; Joint Liquidator: Gavin Cecil Gainsford; Company in Liquidation: LeisureNet Limited; Applicant: Peter Gardener; Applicant: Rodney Mitchell
Jurisdiction
Jersey
Judgment Date
25 May 2002
Procedural Posture
Application for Stay Pending Appeal / Post Judgment, Application for Stay of Orders
Outcome
application for stay refused
Legal Topics
Liquidator Assistance, Letters of Request, Stay of Proceedings, Fraudulent Transactions, Director Misconduct
Insolvency Cross Border Insolvency Company Law Liquidator Assistance Letters of Request Stay of Proceedings Fraudulent Transactions Director Misconduct

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Parties

Robert John Walters

Joint Liquidator

Gavin Cecil Gainsford

Joint Liquidator

LeisureNet Limited

Company in Liquidation

Peter Gardener

Applicant

Rodney Mitchell

Applicant

Procedural Posture

Application for Stay Pending Appeal / Post Judgment, Application for Stay of Orders

Legal Issues

  1. 1 Whether a stay of execution of orders assisting foreign liquidators should be granted pending appeal in the originating jurisdiction
  2. 2 Whether the applicants have standing to challenge the orders in Jersey
  3. 3 Whether the orders were properly obtained and whether non-disclosure is relevant for the Jersey court

Ratio Decidendi

The application for a stay is refused because granting a stay would defeat the principles of comity, the applicants lack standing, the orders were properly made with safeguards, and the appeal in South Africa does not justify a stay in Jersey.

Court Disposition

application for stay refused

Orders

  • Original orders for assistance to liquidators to take their course
  • No stay of execution granted