CMC Holdings -v- Forster and Others [2017] JRC 190 (09 November 2017)

CMC Holdings -v- Forster and Others [2017] JRC 190 (09 November 2017)

The doctrine of unjust enrichment in Jersey law permits allocation of responsibility between joint wrongdoers, including dishonest assistors, based on equity, and is not precluded by the absence of statutory provision or findings of dishonesty; whether recovery is allowed depends on the circumstances and is a matter for trial.

Citation
[2017] JRC 190
Parties
Third Party: Mr Jeremiah Kiereini; Applicants: Second and Third Defendants
Jurisdiction
Jersey
Judgment Date
09 November 2017
Procedural Posture
Third Party Claim / Application for Strike Out and Summary Judgment
Outcome
applications dismissed
Legal Topics
Strike Out Applications, Summary Judgment, Unjust Enrichment, Contribution Between Wrongdoers, Dishonest Assistance
Civil Procedure Equity Company Law Strike Out Applications Summary Judgment Unjust Enrichment Contribution Between Wrongdoers Dishonest Assistance

Case Brief

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Parties

Mr Jeremiah Kiereini

Third Party

Second and Third Defendants

Applicants

Procedural Posture

Third Party Claim / Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether the doctrine of unjust enrichment permits allocation of responsibility between joint wrongdoers in Jersey law
  2. 2 Whether a dishonest assistor can seek contribution from co-wrongdoers
  3. 3 Whether the absence of statutory provision precludes contribution claims between joint wrongdoers

Ratio Decidendi

The doctrine of unjust enrichment in Jersey law permits allocation of responsibility between joint wrongdoers, including dishonest assistors, based on equity, and is not precluded by the absence of statutory provision or findings of dishonesty; whether recovery is allowed depends on the circumstances and is a matter for trial.

Court Disposition

applications dismissed

Orders

  • Strike out application by Mr Kiereini dismissed
  • Summary judgment application by Mr Kiereini dismissed