Jersey Judgment

Super Seconds v Sparta [1997] JLR 112 (11 April 1997)

Insolvency Law Desastre Bankruptcy Procedure Court's Discretion

Citation: [1997] JLR 112
Status: Judgment
Jurisdiction: Jersey
Posture: Bankruptcy / Application for Declaration of Desastre

More details

Posture: Bankruptcy / Application for Declaration of Desastre

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

The court held that a declaration of desastre is generally preferable to the older bankruptcy procedure unless the interests of justice in a simple case require otherwise.

Court disposition

Declaration of desastre is preferable unless justice requires otherwise in a simple case.

Material facts

Parties

Super Seconds

Applicant

Sparta

Respondent

Procedural history

Posture

Bankruptcy / Application for Declaration of Desastre

Questions and positions

Legal issues

Whether the court should order a declaration of desastre or use the older bankruptcy procedure

Party arguments

Applicant: The applicant seeks a declaration of desastre as the appropriate insolvency procedure.
Respondent: The respondent may argue for the use of the older bankruptcy procedure or object to the declaration of desastre.

Court’s reasoning

Legal principles

01
[1997] JLR 112

It is preferable for the court to order a declaration of desastre rather than use the older bankruptcy procedure unless, in a simple case, the interests of justice require otherwise.

Ratio, limits and disposition

Ratio decidendi

The court held that a declaration of desastre is generally preferable to the older bankruptcy procedure unless the interests of justice in a simple case require otherwise.

Court disposition

Declaration of desastre is preferable unless justice requires otherwise in a simple case.

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[1997] JLR 112

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