SO Holding v CDS 3 [2011] JLR 782 (29 September 2011)
- Citation
- [2011] JLR 782
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Bankruptcy Application / Application for Desastre Order
More details
- Posture
- Bankruptcy Application / Application for Desastre Order
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
If the court is satisfied that the debtor is insolvent and the creditor has a valid, liquidated claim, it has discretion to grant a desastre order, which is normally made unless specific facts justify refusal; being the only known creditor does not restrict the order unless injustice would result.
Court disposition
desastre order granted
Orders
- Desastre order made under Bankruptcy (Desastre) (Jersey) Law 1990, art. 6(1)
- Creditor may be ordered to indemnify Viscount under art. 5(2)
02
Material facts
Parties
SO Holding
ApplicantCDS 3
Respondent03
Procedural history
Posture
Bankruptcy Application / Application for Desastre Order
04
Questions and positions
Legal issues
- 01
Whether the court should grant a desastre order under Bankruptcy (Desastre) (Jersey) Law 1990, art. 6(1)
- 02
Whether the applicant is the only known creditor and if that affects the granting of the order
Party arguments
- Applicant
- Applicant seeks a desastre order on grounds of debtor's insolvency and valid, liquidated claim.
- Respondent
- No specific respondent argument detailed.
05
Court’s reasoning
Legal principles
- 01
Bankruptcy (Desastre) (Jersey) Law 1990, art. 6(1)
Court must be satisfied from application and affidavit that debtor is insolvent and creditor has a valid, liquidated claim; if satisfied, court has discretion to grant desastre order.
- 02
Jersey case law
Desastre is normally ordered unless facts militate against it; no rule that if applicant is only known creditor, desastre only ordered if good reason or injustice to applicant.
- 03
Bankruptcy (Desastre) (Jersey) Law 1990, art. 5(2)
Administrative expense is irrelevant; court may order creditor to indemnify Viscount under art. 5(2).
06
Ratio, limits and disposition
Ratio decidendi
If the court is satisfied that the debtor is insolvent and the creditor has a valid, liquidated claim, it has discretion to grant a desastre order, which is normally made unless specific facts justify refusal; being the only known creditor does not restrict the order unless injustice would result.
Obiter and limits
- Administrative expense is irrelevant to the decision to grant a desastre order.
Court disposition
desastre order granted
- Desastre order made under Bankruptcy (Desastre) (Jersey) Law 1990, art. 6(1)
- Creditor may be ordered to indemnify Viscount under art. 5(2)
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> SO Holding v CDS 3 [2011] JLR 782 (29 September 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110782.html Cite as: [2011] JLR 782 [ New search ] [ Help ] SO Holding v CDS 3 2011 JLR 782 (29 September 2011) Bankruptcy-desastre-court's power to order-on application under Bankruptcy (Desastre) (Jersey) Law 1990, art. 6(1), court to consider whether satisfied from application and affidavit (a) debtor insolvent; and (b) creditor has valid, liquidated claim-if satisfied, court has discretion-desastre normally ordered unless facts of case militate against-no rule that, if applicant is only known creditor, desastre only ordered if good reason or otherwise injustice to applicant-administrative expense irrelevant (may order creditor to indemnify Viscount under art. 5(2)) The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2011 JLR 782 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110782.html
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