In the matter of the Desastre of Dr Gail Cochrane [2024] JRC 043 (23 February 2024)

In the matter of the Desastre of Dr Gail Cochrane [2024] JRC 043 (23 February 2024)

The Viscount is a proper party to an application to recall a declaration of désastre, as the statutory scheme requires notice to the Viscount and the Viscount holds relevant information for the Court's determination. The Viscount's role is limited to providing information and submissions relevant to the balance sheet test and the exercise of the Court's discretion, without advocating for individual creditors.

Citation
[2024] JRC 043
Parties
Representor: Dr Gail Cochrane; Representor: Orb A. R. L.; Respondent: Viscount; Respondent: Harbour Fund II LP
Jurisdiction
Jersey
Judgment Date
23 February 2024
Procedural Posture
Application for Recall of Désastre Orders / Determination of Proper Parties to Application
Outcome
The Viscount is joined as a Respondent to the application.
Legal Topics
Recall of Désastre, Party Joinder, Creditor Claims, Court Discretion
Insolvency Bankruptcy Recall of Désastre Party Joinder Creditor Claims Court Discretion

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Parties

Dr Gail Cochrane

Representor

Orb A. R. L.

Representor

Viscount

Respondent

Harbour Fund II LP

Respondent

Procedural Posture

Application for Recall of Désastre Orders / Determination of Proper Parties to Application

Legal Issues

  1. 1 Whether the Viscount is a proper party to an application to recall a declaration of désastre
  2. 2 Scope of Viscount's role in recall applications

Ratio Decidendi

The Viscount is a proper party to an application to recall a declaration of désastre, as the statutory scheme requires notice to the Viscount and the Viscount holds relevant information for the Court's determination. The Viscount's role is limited to providing information and submissions relevant to the balance sheet test and the exercise of the Court's discretion, without advocating for individual creditors.

Court Disposition

The Viscount is joined as a Respondent to the application.

Orders

  • The Viscount is entitled to access all material filed by the Representor.
  • All creditors identified by the Viscount are to be notified and given an opportunity to participate.