1999/10A - Ashbourne Marketing v Mosca and Yankee Exports [1999] UR 10A (19 January 1999)

1999/10A - Ashbourne Marketing v Mosca and Yankee Exports [1999] UR 10A (19 January 1999)

The Plaintiff has established a serious issue to be tried and a good arguable case for a proprietary claim to the monies in question, and the Defendants have sufficient connection to the jurisdiction to justify leave to serve out of the jurisdiction.

Source-derived case information.

Citation
[1999] UR 10A
Parties
Plaintiff: Plaintiff; Defendant: First Defendant; Defendant: Second Defendant
Jurisdiction
Jersey
Judgment Date
19 January 1999
Procedural Posture
Civil / Interlocutory Application for Leave to Serve Out of Jurisdiction
Outcome
application for leave to serve out of jurisdiction upheld
Legal Topics
Service Out of Jurisdiction, Constructive Trust, Breach of Contract, Proprietary Claim
Civil Procedure Contract Law Trusts Law Service Out of Jurisdiction Constructive Trust Breach of Contract Proprietary Claim

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plaintiff

Plaintiff

First Defendant

Defendant

Second Defendant

Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether leave should be granted to serve proceedings out of the jurisdiction on the Defendants
  2. 2 Whether the Plaintiff has a good arguable case and a serious issue to be tried
  3. 3 Whether the Second Defendant is liable as a constructive trustee

Ratio Decidendi

The Plaintiff has established a serious issue to be tried and a good arguable case for a proprietary claim to the monies in question, and the Defendants have sufficient connection to the jurisdiction to justify leave to serve out of the jurisdiction.

Court Disposition

application for leave to serve out of jurisdiction upheld

Orders

  • Leave granted to the Plaintiff to serve proceedings on both Defendants out of the jurisdiction.
  • Stay on the question of dispensing with personal service for two weeks to allow attempts at personal service.