Representation of the Sabba Trust [2014] JRC 016 (22 January 2014)

Representation of the Sabba Trust [2014] JRC 016 (22 January 2014)

The deeds of amendment and appointments of trustees in respect of the Pall Mall Trust were invalid as the appointing entities lacked authority or capacity. The original trustees of both trusts ceased to exist, necessitating the Court's appointment of Schindlers Liechtenstein as trustee of both trusts under Article 51(2)(a)(ii) of the Trusts (Jersey) Law 1984. Assets transferred from the Hemery Trust to the Pall Mall Trust were transferred by mistake and are to be held for the benefit of the Hemery Trust.

Citation
[2014] JRC 016
Parties
Applicant: Representor (unnamed, beneficiary of both trusts); Trustee (struck Off): Hemery Trustees Limited; Trustee (dissolved): Pall Mall Trustees Limited; Purported Trustee (status Unknown): Dinard Trustees Limited; Purported Trustee (not Registered): Management Trustees (Emirates) FZC (MTE); Purported Trustee (struck Off): Vizor Limited; Appointed Trustee: Schindlers Reg Treuunternehnen (Schindlers Liechtenstein); Bank (not Party): Lloyds Bank International Limited; Beneficiary: Avra Kassar (née Sebba); Beneficiaries: Three sons of Representor; Protector: Mr Andrew Peat
Jurisdiction
Jersey
Judgment Date
22 January 2014
Procedural Posture
Representation (trusts) / Final Judgment
Outcome
Application granted in part; declarations and orders made as sought by the Representor.
Legal Topics
Appointment of Trustees, Validity of Trust Deeds, Trustee De Son Tort, Jurisdiction of Jersey Courts, Summary Winding Up, Striking Off Companies
Trusts Private International Law Company Law Appointment of Trustees Validity of Trust Deeds Trustee De Son Tort Jurisdiction of Jersey Courts Summary Winding Up +1 more

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Parties

Representor (unnamed, beneficiary of both trusts)

Applicant

Hemery Trustees Limited

Trustee (struck Off)

Pall Mall Trustees Limited

Trustee (dissolved)

Dinard Trustees Limited

Purported Trustee (status Unknown)

Management Trustees (Emirates) FZC (MTE)

Purported Trustee (not Registered)

Vizor Limited

Purported Trustee (struck Off)

Schindlers Reg Treuunternehnen (Schindlers Liechtenstein)

Appointed Trustee

Lloyds Bank International Limited

Bank (not Party)

Avra Kassar (née Sebba)

Beneficiary

Three sons of Representor

Beneficiaries

Mr Andrew Peat

Protector

Procedural Posture

Representation (trusts) / Final Judgment

Legal Issues

  1. 1 Whether deeds of amendment and trustee appointments in respect of the Pall Mall Trust were valid
  2. 2 Whether Hemery, Dinard, MTE, and Vizor were validly appointed as trustees of the Pall Mall Trust
  3. 3 Whether assets transferred between the Hemery Trust and Pall Mall Trust were validly held

Ratio Decidendi

The deeds of amendment and appointments of trustees in respect of the Pall Mall Trust were invalid as the appointing entities lacked authority or capacity. The original trustees of both trusts ceased to exist, necessitating the Court's appointment of Schindlers Liechtenstein as trustee of both trusts under Article 51(2)(a)(ii) of the Trusts (Jersey) Law 1984. Assets transferred from the Hemery Trust to the Pall Mall Trust were transferred by mistake and are to be held for the benefit of the Hemery Trust.

Court Disposition

Application granted in part; declarations and orders made as sought by the Representor.

Orders

  • Schindlers Liechtenstein appointed as trustee of the Hemery Trust and the Pall Mall Trust with immediate effect.
  • All assets held in the name of the Pall Mall Trust or any other person/entity for the trusts to be vested in Schindlers Liechtenstein as trustee.