UCC -v- Bender and Ors [2007] JRC 056 (06 March 2007)

UCC -v- Bender and Ors [2007] JRC 056 (06 March 2007)

Further disclosure orders are justified against Whitmill for categories (1)-(5) due to its role as administrator and reasonable likelihood of possessing relevant information. Mr. Wijsmuller must explain payments received and his fiduciary relationship with Mr. Bender, and preserve the electronic database pending further order. The sequence of disclosure is to be Whitmill first, then UCC's questions to Mr. Wijsmuller, followed by his response.

Citation
[2007] JRC 056
Parties
Plaintiff: UCC; First Defendant: Mr. Bender; Fourth Defendant: Mr. Wijsmuller; Fourth Party Cited: Whitmill Trust Company Limited
Jurisdiction
Jersey
Judgment Date
06 March 2007
Procedural Posture
Disclosure Application in Ongoing Civil Proceedings / Interlocutory Application for Further Disclosure Orders
Outcome
Orders for further disclosure granted in part; summons adjourned generally; costs reserved.
Legal Topics
Disclosure Orders, Contempt of Court, Mareva Injunction, Fiduciary Duties
Civil Procedure Asset Recovery Trusts and Fiduciary Law Disclosure Orders Contempt of Court Mareva Injunction Fiduciary Duties

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Parties

UCC

Plaintiff

Mr. Bender

First Defendant

Mr. Wijsmuller

Fourth Defendant

Whitmill Trust Company Limited

Fourth Party Cited

Procedural Posture

Disclosure Application in Ongoing Civil Proceedings / Interlocutory Application for Further Disclosure Orders

Legal Issues

  1. 1 Whether Whitmill and Mr. Wijsmuller should be ordered to make further disclosure of documents and information relating to specified entities and payments
  2. 2 Adequacy of prior disclosure by Mr. Wijsmuller
  3. 3 Scope of Whitmill's duties as administrator

Ratio Decidendi

Further disclosure orders are justified against Whitmill for categories (1)-(5) due to its role as administrator and reasonable likelihood of possessing relevant information. Mr. Wijsmuller must explain payments received and his fiduciary relationship with Mr. Bender, and preserve the electronic database pending further order. The sequence of disclosure is to be Whitmill first, then UCC's questions to Mr. Wijsmuller, followed by his response.

Court Disposition

Orders for further disclosure granted in part; summons adjourned generally; costs reserved.

Orders

  • Whitmill to provide further disclosure on affidavit for categories (1)-(5) by 19 March 2007, including bank statements for Rising Star Limited and Spellstone Limited, and explanation of its role as administrator.
  • Whitmill to identify individuals involved in relevant transactions.