Jomair -v- Hourigan [2011] JRC 042 (18 February 2011)

Jomair -v- Hourigan [2011] JRC 042 (18 February 2011)

The court has jurisdiction and it is just and convenient to order disclosure from the party cited (bank) to aid enforcement of the judgment, given the defendant's failure to satisfy the judgment and the need to ensure effective execution.

Citation
[2011] JRC 042
Parties
Plaintiff: Plaintiffs; Defendant: Defendant; Third Party: Party Cited
Jurisdiction
Jersey
Judgment Date
18 February 2011
Procedural Posture
Application for Disclosure Order in Aid of Judgment Enforcement / Post Judgment, Enforcement Proceedings
Outcome
application granted in part
Legal Topics
Disclosure Orders, Third Party Disclosure, Freezing Injunctions, Foreign Judgment Enforcement
Civil Procedure Enforcement of Judgments Banking Law Disclosure Orders Third Party Disclosure Freezing Injunctions Foreign Judgment Enforcement

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Parties

Plaintiffs

Plaintiff

Defendant

Defendant

Party Cited

Third Party

Procedural Posture

Application for Disclosure Order in Aid of Judgment Enforcement / Post Judgment, Enforcement Proceedings

Legal Issues

  1. 1 Whether the court has jurisdiction to order third party disclosure in aid of enforcement of a foreign judgment
  2. 2 Whether the threshold for post-judgment disclosure is met
  3. 3 Whether disclosure should be ordered against a bank holding assets for the defendant

Ratio Decidendi

The court has jurisdiction and it is just and convenient to order disclosure from the party cited (bank) to aid enforcement of the judgment, given the defendant's failure to satisfy the judgment and the need to ensure effective execution.

Court Disposition

application granted in part

Orders

  • Party cited to disclose to plaintiffs' Advocates all bank statements for the three accounts from the date of the Utah Judgment to present, with full details and documentation for specified transfers as requested after inspection.
  • Plaintiffs to pay all reasonable costs incurred by the party cited in complying with the order.