In the matter of the representation of G [2010] JRC 083 (21 April 2010)

In the matter of the representation of G [2010] JRC 083 (21 April 2010)

Discovery is premature because the amended representation does not adequately plead allegations against Volaw or Investec as trustees. Unless and until specific allegations are pleaded, ordinary rules of discovery do not apply. The case is referred back for further directions and re-pleading.

Citation
[2010] JRC 083
Parties
Applicant: Representor (G); Respondent: A; Respondent: Volaw; Respondent: Investec Trustees (Jersey) Limited; Respondent: Asiaciti Trust Singapore Pte Ltd; Respondent: Fifth respondent (brother of Representor); Respondent: Sixth respondent (brother of Representor); Respondent: Seventh respondent; Respondent: Eighth respondent; Representative of Unborn Beneficiaries: Advocate Damian James
Jurisdiction
Jersey
Judgment Date
21 April 2010
Procedural Posture
Trust Representation / Interlocutory Application for Discovery; Referred Back for Further Directions
Outcome
application for discovery dismissed; case referred back for further directions
Legal Topics
Trustee Discretion, Beneficiary Rights, Discovery, Pleading Requirements, Removal of Protector, Addition of Beneficiaries, Court Directions
Trusts Property Civil Procedure Trustee Discretion Beneficiary Rights Discovery Pleading Requirements Removal of Protector +2 more

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Parties

Representor (G)

Applicant

A

Respondent

Volaw

Respondent

Investec Trustees (Jersey) Limited

Respondent

Asiaciti Trust Singapore Pte Ltd

Respondent

Fifth respondent (brother of Representor)

Respondent

Sixth respondent (brother of Representor)

Respondent

Seventh respondent

Respondent

Eighth respondent

Respondent

Advocate Damian James

Representative of Unborn Beneficiaries

Procedural Posture

Trust Representation / Interlocutory Application for Discovery; Referred Back for Further Directions

Legal Issues

  1. 1 Whether the Representor is entitled to discovery of documents from Volaw as trustee of the E Trust and F Trust
  2. 2 Whether the amended representation adequately pleads allegations against trustees
  3. 3 Whether the proceedings are hostile trust litigation requiring full discovery

Ratio Decidendi

Discovery is premature because the amended representation does not adequately plead allegations against Volaw or Investec as trustees. Unless and until specific allegations are pleaded, ordinary rules of discovery do not apply. The case is referred back for further directions and re-pleading.

Court Disposition

application for discovery dismissed; case referred back for further directions

Orders

  • Representor's summons for discovery dismissed as premature
  • Case referred back to the Master for further directions and time to re-plead