Heinrichs -v- Pantrust and Ors [2017] JRC 006 (12 January 2017)

Heinrichs -v- Pantrust and Ors [2017] JRC 006 (12 January 2017)

The Court declined to order an account on the footing of wilful default because the parameters of the proposed investigation were too wide and disproportionate, the principal persons to be investigated were outside the jurisdiction and would ignore any orders, no advice had been taken about seeking an account in Panama, the second representor had not assisted the Court, and the third representor already had access to extensive records potentially sufficient for a claim in Panama.

Citation
[2017] JRC 006
Parties
Applicant: Third Representor; Respondent: First Respondent; Respondent: Second Respondent; Respondent: Third Respondent; Representor: First Representor; Representor: Second Representor
Jurisdiction
Jersey
Judgment Date
12 January 2017
Procedural Posture
Trust Dispute / Application for Order for Account on Footing of Wilful Default
Outcome
Application refused
Legal Topics
Trustee Duties, Wilful Default, Jurisdiction, Breach of Trust, Accounting Procedures
Trusts Equity International Law Trustee Duties Wilful Default Jurisdiction Breach of Trust Accounting Procedures

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Parties

Third Representor

Applicant

First Respondent

Respondent

Second Respondent

Respondent

Third Respondent

Respondent

First Representor

Representor

Second Representor

Representor

Procedural Posture

Trust Dispute / Application for Order for Account on Footing of Wilful Default

Legal Issues

  1. 1 Whether the Court should order an account on the footing of wilful default against former trustees of the Brazilian Trusts
  2. 2 Whether the Court has jurisdiction and discretion to make such an order
  3. 3 Whether the evidence supports a prima facie inference of further breaches of trust

Ratio Decidendi

The Court declined to order an account on the footing of wilful default because the parameters of the proposed investigation were too wide and disproportionate, the principal persons to be investigated were outside the jurisdiction and would ignore any orders, no advice had been taken about seeking an account in Panama, the second representor had not assisted the Court, and the third representor already had access to extensive records potentially sufficient for a claim in Panama.

Court Disposition

Application refused