Booth -v- Viscount (En desastre) [2016] JRC 049 (25 February 2016)

Booth -v- Viscount (En desastre) [2016] JRC 049 (25 February 2016)

The Viscount acted reasonably in marketing and valuing the property through estate agents; the representor failed to demonstrate that the Viscount's actions were unreasonable or that intervention was warranted under the supervisory jurisdiction.

Citation
[2016] JRC 049
Parties
Applicant: Representor (Booth); Respondent: The Viscount
Jurisdiction
Jersey
Judgment Date
25 February 2016
Procedural Posture
Representation in Désastre Proceedings / Interlocutory Application—court Intervention in Asset Sale
Outcome
application dismissed
Legal Topics
Court Supervision of Liquidator, Asset Sale Under Désastre, Valuation Disputes
Insolvency Bankruptcy Court Supervision of Liquidator Asset Sale Under Désastre Valuation Disputes

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Parties

Representor (Booth)

Applicant

The Viscount

Respondent

Procedural Posture

Representation in Désastre Proceedings / Interlocutory Application—court Intervention in Asset Sale

Legal Issues

  1. 1 Should the Court intervene in the Viscount's conduct of the sale of Beaumont Hill House under désastre?
  2. 2 Was the property being sold at an undervalue?
  3. 3 Does the representor have standing to challenge the Viscount's decisions?

Ratio Decidendi

The Viscount acted reasonably in marketing and valuing the property through estate agents; the representor failed to demonstrate that the Viscount's actions were unreasonable or that intervention was warranted under the supervisory jurisdiction.

Court Disposition

application dismissed

Orders

  • The Court will not interfere with the Viscount's conduct of the sale; the Viscount is free to accept the reduced offer of £800,000 or any other reasonable offer.