In re Brazilian Trust [2017] 1 JLR_Note 1 (12 January 2017)

In re Brazilian Trust [2017] 1 JLR_Note 1 (12 January 2017)

The court held that an order for account may be made against trustees where wilful default is alleged and a prima facie case is established.

Parties
Applicant: Unknown (Applicant); Respondent: Unknown (Respondent)
Jurisdiction
Jersey
Judgment Date
12 January 2017
Procedural Posture
Trust Law / Interlocutory Application
Outcome
Order for account granted on basis of wilful default.
Legal Topics
Powers and Duties of Trustees, Order for Account, Wilful Default
Trusts Powers and Duties of Trustees Order for Account Wilful Default

Case Brief

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Parties

Unknown (Applicant)

Applicant

Unknown (Respondent)

Respondent

Procedural Posture

Trust Law / Interlocutory Application

Legal Issues

  1. 1 Whether an order for account can be made against trustees on the basis of wilful default

Ratio Decidendi

The court held that an order for account may be made against trustees where wilful default is alleged and a prima facie case is established.

Court Disposition

Order for account granted on basis of wilful default.

Orders

  • Trustees to provide account as directed by the court.