Ex parte Fisher & Anor (XP 172/2021) [2022] SCSC 1059 (28 January 2022)

Ex parte Fisher & Anor (XP 172/2021) [2022] SCSC 1059 (28 January 2022)

The Supreme Court of Seychelles lacks statutory power to register and enforce the South African orders relating to cross-border insolvency because the relevant provisions of the Insolvency Act 2013 (Part VIII) are not yet operational. Additionally, the ex parte nature of the orders and absence of a respondent mean the conditions for recognition of foreign judgments (Privatbanken) are not satisfied.

Citation
[2022] SCSC 1059
Parties
Applicant: Jacques Andre Fisher; Applicant: Reunert Ndivhuho Kharivhe
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 January 2022
Case Number
XP 172/2021
Procedural Posture
Ex Parte Application for Recognition and Enforcement of Foreign Orders / Ruling on Application for Registration of Foreign Orders
Outcome
Application dismissed
Legal Topics
Recognition and Enforcement of Foreign Judgments, Cross Border Insolvency, Appointment of Trustees, Asset Tracing, Ex Parte Procedure
Source Language
English
Insolvency Private International Law Civil Procedure Recognition and Enforcement of Foreign Judgments Cross Border Insolvency Appointment of Trustees Asset Tracing Ex Parte Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Jacques Andre Fisher

Applicant

Reunert Ndivhuho Kharivhe

Applicant

Procedural Posture

Ex Parte Application for Recognition and Enforcement of Foreign Orders / Ruling on Application for Registration of Foreign Orders

Legal Issues

  1. 1 Whether the Supreme Court of Seychelles can recognise and enforce South African court orders relating to winding up of estate and appointment of trustees when the relevant statutory provisions are not yet operational
  2. 2 Whether the orders satisfy the conditions for registration of foreign judgments under Seychelles law

Ratio Decidendi

The Supreme Court of Seychelles lacks statutory power to register and enforce the South African orders relating to cross-border insolvency because the relevant provisions of the Insolvency Act 2013 (Part VIII) are not yet operational. Additionally, the ex parte nature of the orders and absence of a respondent mean the conditions for recognition of foreign judgments (Privatbanken) are not satisfied.

Court Disposition

Application dismissed