Perczynski -v- Perczynski and Others [2012] JRC 084A (24 April 2012)

Perczynski -v- Perczynski and Others [2012] JRC 084A (24 April 2012)

General discovery is ordered because no party has sought trial of a preliminary issue, the trustee is acting neutrally, and no beneficiary supports limited discovery. The interests of all parties are best served by full discovery while the trustee is available. The appeal is dismissed and an extension of four months for discovery is granted.

Citation
[2012] JRC 084A
Parties
Appellant Trustee: Warren Trustees Limited; Representor: Tamara Hetmanska; Respondent: Second Respondent; Respondent: Third Respondent; Joint Trustee (not Joined): H1 Limited; Principal Director of Warren Trustees Limited: Mr Alan Evans; Guardian: Guardian
Jurisdiction
Jersey
Judgment Date
24 April 2012
Procedural Posture
Appeal / Post Interlocutory Order
Outcome
appeal dismissed
Legal Topics
Discovery, Trustee Neutrality, Costs Orders, Community Property, Proprietary Claims
Trust Law Family Law Civil Procedure Discovery Trustee Neutrality Costs Orders Community Property Proprietary Claims

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Parties

Warren Trustees Limited

Appellant Trustee

Tamara Hetmanska

Representor

Second Respondent

Respondent

Third Respondent

Respondent

H1 Limited

Joint Trustee (not Joined)

Mr Alan Evans

Principal Director of Warren Trustees Limited

Guardian

Guardian

Procedural Posture

Appeal / Post Interlocutory Order

Legal Issues

  1. 1 Whether discovery should be general or limited to certain issues
  2. 2 Whether extension of time for discovery should be granted
  3. 3 Entitlement to costs for trustee and other parties

Ratio Decidendi

General discovery is ordered because no party has sought trial of a preliminary issue, the trustee is acting neutrally, and no beneficiary supports limited discovery. The interests of all parties are best served by full discovery while the trustee is available. The appeal is dismissed and an extension of four months for discovery is granted.

Court Disposition

appeal dismissed

Orders

  • General discovery ordered
  • Extension of time for discovery granted (4 months)