Bemuda Trust MIL Valibhai Sharafally v [2000] JRC 245 (11 December 2000)

Bemuda Trust MIL Valibhai Sharafally v [2000] JRC 245 (11 December 2000)

Leave to amend was refused for paragraph 11 and consequential paragraphs due to lateness and irrelevance to current proceedings; adjournment was refused due to lack of sufficient grounds and delay; security for costs was refused as the application was brought too late and prejudiced the third respondent.

Citation
[2000] JRC 245
Parties
Applicant: Trustee; Respondent: First Respondent; Respondent: Second Respondent; Respondent: Third Respondent
Jurisdiction
Jersey
Judgment Date
11 December 2000
Procedural Posture
Administrative Action / Interlocutory Applications Prior to Trial
Outcome
Leave to amend granted in part and refused in part; adjournment refused; security for costs application refused; costs ordered against Trustee.
Legal Topics
Amendment of Pleadings, Adjournment, Security for Costs
Civil Procedure Amendment of Pleadings Adjournment Security for Costs

Case Brief

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Parties

Trustee

Applicant

First Respondent

Respondent

Second Respondent

Respondent

Third Respondent

Respondent

Procedural Posture

Administrative Action / Interlocutory Applications Prior to Trial

Legal Issues

  1. 1 Whether to grant leave to amend pleadings
  2. 2 Whether to grant adjournment
  3. 3 Whether to order security for costs against the third respondent

Ratio Decidendi

Leave to amend was refused for paragraph 11 and consequential paragraphs due to lateness and irrelevance to current proceedings; adjournment was refused due to lack of sufficient grounds and delay; security for costs was refused as the application was brought too late and prejudiced the third respondent.

Court Disposition

Leave to amend granted in part and refused in part; adjournment refused; security for costs application refused; costs ordered against Trustee.

Orders

  • Leave to amend paragraphs 4 and 9 and minor amendments to paragraph C granted.
  • Leave to amend paragraph 11 and insert paragraphs D, E, F, and G refused.