1998/138 - Gamlestaden Fastigheter v Boleat and ors [1998] UR 138 (1 July 1998)

Proceedings should have been brought under Article 141 of the Companies (Jersey) Law 1991 as an alternative remedy; adjournment granted to allow application under that Article.

Citation: [1998] UR 138
Parties: Applicant: Plaintiff; Respondent: First and Fourth Defendants
Jurisdiction: Jersey
Judgment Date: 01 July 1998
Procedural Posture: Appeal / Hearing of Appeal From Order of Greffier Substitute
Outcome: adjournment granted
Legal Topics: Minority Shareholder Action, Alternative Remedies, Companies (jersey) Law 1991, Adjournment, Costs

Company Law Minority Shareholder Action Alternative Remedies Companies (jersey) Law 1991 Adjournment Costs

Case Brief

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Parties

Plaintiff

Applicant

First and Fourth Defendants

Respondent

Procedural Posture

Appeal / Hearing of Appeal From Order of Greffier Substitute

Legal Issues

1 Whether the Greffier Substitute considered matters not before him
2 Whether alternative remedies under Articles 141 and 143 of the Companies (Jersey) Law 1991 were available
3 Whether the Greffier Substitute failed to exercise discretion properly

Ratio Decidendi

Proceedings should have been brought under Article 141 of the Companies (Jersey) Law 1991 as an alternative remedy; adjournment granted to allow application under that Article.

Court Disposition

adjournment granted

Orders

Plaintiff granted right to re-apply if Articles 141 and 143 path exhausted
Plaintiff to pay on a taxed basis the costs thrown away by reason of the adjournment