Riba Consultaria Empresarial Ltda v Pinnacle Trustees Limited [2018] JRC 033A (12 February 2018)

Riba Consultaria Empresarial Ltda v Pinnacle Trustees Limited [2018] JRC 033A (12 February 2018)

There is a reasonable suspicion that Pinnacle, through its trusteeship and ownership of High Cedar, has innocently become mixed up in the asset concealment by Naji Nahas and Sueli Nahas. The interests of justice require disclosure to assist enforcement of the judgment debt.

Citation
[2018] JRC 033A
Parties
Plaintiff: Riba; Defendant: Pinnacle
Jurisdiction
Jersey
Judgment Date
12 February 2018
Procedural Posture
Norwich Pharmacal Application / Post Inter Partes Hearing, Judgment Granting Relief
Outcome
Relief granted
Legal Topics
Norwich Pharmacal Relief, Piercing Corporate Veil, Asset Tracing, Disclosure Orders
Civil Procedure Trusts and Equity International Enforcement Norwich Pharmacal Relief Piercing Corporate Veil Asset Tracing Disclosure Orders

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Parties

Riba

Plaintiff

Pinnacle

Defendant

Procedural Posture

Norwich Pharmacal Application / Post Inter Partes Hearing, Judgment Granting Relief

Legal Issues

  1. 1 Whether Norwich Pharmacal relief should be granted against Pinnacle for disclosure of documents relating to entities allegedly used to conceal assets of judgment debtors
  2. 2 Whether Pinnacle has become innocently mixed up in alleged wrongdoing by judgment debtors
  3. 3 Appropriate threshold for granting Norwich Pharmacal relief

Ratio Decidendi

There is a reasonable suspicion that Pinnacle, through its trusteeship and ownership of High Cedar, has innocently become mixed up in the asset concealment by Naji Nahas and Sueli Nahas. The interests of justice require disclosure to assist enforcement of the judgment debt.

Court Disposition

Relief granted

Orders

  • Pinnacle ordered to produce any documents in its possession relating to High Cedar Developments Limited, the Monceau Trust, Blue Stone Investment Co. SAL, Blue Stone (Portugal) Investments SA, Naji Nahas, and Sueli Nahas
  • Consequential orders as appropriate