Jersey Judgment

re Mr K R Leech v [2002] JRC 183 (09 October 2002)

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Professional case brief

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Source document

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

Applicant

Kevin Ronald Leech

Respondent Counsel: Mr Olsen

03

Procedural history

  1. Posture

    Bankruptcy Application / Judgment

04

Questions and positions

Legal issues

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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2002] JRC 183

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Bankruptcy (Désastre) (Jersey) Law 1990

Legislation

Legislation referenced in the available case record.

Bankruptcy (Désastre) (Jersey) Rules, 1991

Legislation

Legislation referenced in the available case record.

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