In re Santer v [1996] JLR 233 (26 June 1996)

In re Santer v [1996] JLR 233 (26 June 1996)

A declaration of desastre cannot be made against a company after the failure of remise de biens because the process results in an immediate cession of property, which is not permitted under the relevant statute.

Citation
[1996] JLR 233
Parties
Applicant: Santer
Jurisdiction
Jersey
Judgment Date
26 June 1996
Procedural Posture
Bankruptcy / Application for Declaration of Desastre
Outcome
application refused
Legal Topics
Desastre, Remise De Biens, Court Powers
Bankruptcy Desastre Remise De Biens Court Powers

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Parties

Santer

Applicant

Procedural Posture

Bankruptcy / Application for Declaration of Desastre

Legal Issues

  1. 1 Whether the court may order a declaration of desastre against a company following the failure of remise de biens under the Bankruptcy (Desastre) (Jersey) Law 1990, art. 5(1)

Ratio Decidendi

A declaration of desastre cannot be made against a company after the failure of remise de biens because the process results in an immediate cession of property, which is not permitted under the relevant statute.

Court Disposition

application refused