re Mr K R Leech v [2002] JRC 183 (09 October 2002)
- Citation
- [2002] JRC 183
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Bankruptcy Application / Judgment
More details
- Posture
- Bankruptcy Application / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The statutory criteria for making a declaration en désastre have been satisfied; the property of Mr Kevin Ronald Leech is declared en désastre.
Court disposition
property declared en désastre
Orders
- Declaration en désastre of the property of Mr Kevin Ronald Leech
02
Material facts
Parties
HSBC
ApplicantKevin Ronald Leech
Respondent Counsel: Mr Olsen03
Procedural history
Posture
Bankruptcy Application / Judgment
04
Questions and positions
Legal issues
- 01
Whether statutory criteria for declaration en désastre are satisfied
- 02
Whether adjournment would create uncertainty or creditor preference
Party arguments
- Applicant
- HSBC applied for a declaration en désastre against the property of Mr Kevin Ronald Leech.
- Respondent
- Mr Olsen argued that adjournment might create uncertainty and allow certain creditors to obtain preference.
05
Court’s reasoning
Legal principles
- 01
Bankruptcy (Désastre) (Jersey) Law 1990
Statutory criteria for declaration en désastre must be satisfied.
06
Ratio, limits and disposition
Ratio decidendi
The statutory criteria for making a declaration en désastre have been satisfied; the property of Mr Kevin Ronald Leech is declared en désastre.
Obiter and limits
- The Court does not endorse the proposal set out in the letter to the Viscount's Department of 8th October, 2002 and requests the Viscount to refer the proposal to the Royal Court if appropriate.
Court disposition
property declared en désastre
- Declaration en désastre of the property of Mr Kevin Ronald Leech
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
judgment the bailiff: 1. Mr Olsen, the Court has taken careful note of your submissions and in particular your submissions that uncertainty might prevail if the Court were to adjourn the application of HSBC and, furthermore, create the possibility that certain creditors might obtain a preference which they would otherwise be not entitled to receive.
2. The Court would like to make it clear, nonetheless, that it is not endorsing the proposal set out in the letter to the Viscount's Department of the 8 th October, 2002 and will request the Viscount, if he deems it appropriate in due course, to refer the proposal to the Royal Court for its consideration.
3. Having said that, the Court is satisfied that the statutory criteria for the making of a declaration en désastre have been satisfied. We accordingly declare en désastre the property of Mr Kevin Ronald Leech. Authorities Bankruptcy (Désastre) (Jersey) Law 1990. Bankruptcy (Désastre) (Jersey) Rules, 1991. Page Last Updated: 22 Sep 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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