Irish Nationwide Building Society -v- Volaw Corporate Trustee Ltd, Stormex Holdings Ltd, Simon Halabi and Immofra SA [2013] JRC 099 (23 May 2013)

Irish Nationwide Building Society -v- Volaw Corporate Trustee Ltd, Stormex Holdings Ltd, Simon Halabi and Immofra SA [2013] JRC 099 (23 May 2013)

The Master lacked jurisdiction to order post judgment discovery under the Royal Court's inherent jurisdiction, as this power is not delegated to the Judicial Greffier or the Master by the Royal Court Rules. The insurance documents and financial accounts were not relevant to the substantive issues and could not be ordered for discovery without proper affidavit evidence. The appeal is allowed and the Master's orders are set aside.

Citation
[2013] JRC 099
Parties
Plaintiff: Plaintiff (not named); Defendant: First Defendant (not named); Defendant: Second Defendant (not named); Defendant: Third Defendant (not named); Defendant: Fourth Defendant (not named)
Jurisdiction
Jersey
Judgment Date
23 May 2013
Procedural Posture
Appeal / Post Interlocutory, Pre Final Hearing
Outcome
appeal allowed
Legal Topics
Post Judgment Discovery, Pre Trial Discovery, Enforcement of Costs Orders, Relevance of Insurance Documents, Jurisdiction of Master
Civil Procedure Banking and Finance Trusts and Estates Post Judgment Discovery Pre Trial Discovery Enforcement of Costs Orders Relevance of Insurance Documents Jurisdiction of Master

Case Brief

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Parties

Plaintiff (not named)

Plaintiff

First Defendant (not named)

Defendant

Second Defendant (not named)

Defendant

Third Defendant (not named)

Defendant

Fourth Defendant (not named)

Defendant

Procedural Posture

Appeal / Post Interlocutory, Pre Final Hearing

Legal Issues

  1. 1 Whether the Master had jurisdiction to order post judgment discovery under the Royal Court's inherent jurisdiction
  2. 2 Whether insurance documents and financial accounts are relevant and discoverable in the substantive proceedings

Ratio Decidendi

The Master lacked jurisdiction to order post judgment discovery under the Royal Court's inherent jurisdiction, as this power is not delegated to the Judicial Greffier or the Master by the Royal Court Rules. The insurance documents and financial accounts were not relevant to the substantive issues and could not be ordered for discovery without proper affidavit evidence. The appeal is allowed and the Master's orders are set aside.

Court Disposition

appeal allowed

Orders

  • Master's orders of 10 January 2013 set aside