In Re Harper [2000] JRC 215 (03 November 2000)

In Re Harper [2000] JRC 215 (03 November 2000)

The Court will not grant an Order in Aid unless the applicant has consulted with the Viscount's Department and the application is properly drafted to comply with local bankruptcy legislation.

Citation
[2000] JRC 215
Parties
Applicant: Trustee in Bankruptcy; Consulted Party: Viscount's Department
Jurisdiction
Jersey
Judgment Date
03 November 2000
Procedural Posture
Application for Order in Aid Under Bankruptcy Legislation / Final Order
Outcome
Order granted in terms of amended prayer
Legal Topics
Registration of Foreign Trustee, Order in Aid, Consultation With Local Authority
Bankruptcy Cross Border Insolvency Registration of Foreign Trustee Order in Aid Consultation With Local Authority

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Parties

Trustee in Bankruptcy

Applicant

Viscount's Department

Consulted Party

Procedural Posture

Application for Order in Aid Under Bankruptcy Legislation / Final Order

Legal Issues

  1. 1 Whether the Court should grant an Order in Aid to a foreign Trustee in Bankruptcy
  2. 2 Whether the application should be drafted in accordance with local bankruptcy legislation

Ratio Decidendi

The Court will not grant an Order in Aid unless the applicant has consulted with the Viscount's Department and the application is properly drafted to comply with local bankruptcy legislation.

Court Disposition

Order granted in terms of amended prayer

Orders

  • Applicant to consult with Viscount's Department before bringing applications for Order in Aid.
  • Order in Aid granted as per amended application.