1998/239 - Re Stilwell and D & S Services en desastre [1998] UR 239 (30 November 1998)

1998/239 - Re Stilwell and D & S Services en desastre [1998] UR 239 (30 November 1998)

The Court ordered repayment of the secured loan to the Curator of Miss Vibert and vesting of Mrs Karen Stilwell's interest in the Viscount, but adjourned the application for distribution to tracing claimants pending further evidence and legal submissions on double payment and creditor priority.

Citation
[1998] UR 239
Parties
Applicant: Viscount; Debtor: David John Stilwell; Debtor: D & S Services Ltd; Creditor: Curator of Miss Vibert; Interested Party: Mrs Karen Stilwell; Creditor: Emirview Holdings Ltd; Creditor: Onsite Consultancy Services Ltd; Creditor: Nanima Investments Ltd
Jurisdiction
Jersey
Judgment Date
30 November 1998
Procedural Posture
Insolvency (désastre) Representation / Post Administration Orders
Outcome
Partial orders granted; application for distribution to tracing claimants adjourned for further submissions.
Legal Topics
Distribution of Assets, Tracing Claims, Judicial Hypothec, Creditors' Priorities
Insolvency Property Law Distribution of Assets Tracing Claims Judicial Hypothec Creditors' Priorities

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Parties

Viscount

Applicant

David John Stilwell

Debtor

D & S Services Ltd

Debtor

Curator of Miss Vibert

Creditor

Mrs Karen Stilwell

Interested Party

Emirview Holdings Ltd

Creditor

Onsite Consultancy Services Ltd

Creditor

Nanima Investments Ltd

Creditor

Procedural Posture

Insolvency (désastre) Representation / Post Administration Orders

Legal Issues

  1. 1 Repayment of secured loan from sale proceeds
  2. 2 Vesting of joint owner's interest in insolvency
  3. 3 Application of unclaimed client monies to administrative expenses

Ratio Decidendi

The Court ordered repayment of the secured loan to the Curator of Miss Vibert and vesting of Mrs Karen Stilwell's interest in the Viscount, but adjourned the application for distribution to tracing claimants pending further evidence and legal submissions on double payment and creditor priority.

Court Disposition

Partial orders granted; application for distribution to tracing claimants adjourned for further submissions.

Orders

  • Repayment of £150,000 plus contract interest to Curator of Miss Vibert from sale proceeds.
  • Vesting of Mrs Karen Stilwell's interest in net proceeds in the Viscount.