Sappe -v- Viscount [2005] JRC 101 (01 August 2005)

Sappe -v- Viscount [2005] JRC 101 (01 August 2005)

The Royal Court has no jurisdiction, statutory or inherent, to vary an order made under Article 12 of the Bankruptcy (Désastre) (Jersey) Law 1990 after it has been made and not appealed, even if circumstances have changed and hardship results.

Citation
[2005] JRC 101
Parties
Applicant (tutrice of B): Advocate Martin; Respondent (on Behalf of Creditors): The Viscount
Jurisdiction
Jersey
Judgment Date
01 August 2005
Procedural Posture
Application to Vary Court Order (bankruptcy/désastre) / Judgment on Application
Outcome
application refused
Legal Topics
Variation of Court Orders, Matrimonial Home, Statutory Interpretation, Inherent Jurisdiction
Bankruptcy Family Law Property Law Variation of Court Orders Matrimonial Home Statutory Interpretation Inherent Jurisdiction

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Parties

Advocate Martin

Applicant (tutrice of B)

The Viscount

Respondent (on Behalf of Creditors)

Procedural Posture

Application to Vary Court Order (bankruptcy/désastre) / Judgment on Application

Legal Issues

  1. 1 Whether the Royal Court has jurisdiction to vary an order made under Article 12 of the Bankruptcy (Désastre) (Jersey) Law 1990 after circumstances have changed
  2. 2 Whether the Court's inherent jurisdiction allows variation of such an order

Ratio Decidendi

The Royal Court has no jurisdiction, statutory or inherent, to vary an order made under Article 12 of the Bankruptcy (Désastre) (Jersey) Law 1990 after it has been made and not appealed, even if circumstances have changed and hardship results.

Court Disposition

application refused

Orders

  • The application to vary the 1999 order is refused.
  • The 1999 order remains in force.