Lefevre v Beau Vallon Properties Ltd & Ors (MA 154/2018) [2018] SCSC 8199 (26 June 2018)

Lefevre v Beau Vallon Properties Ltd & Ors (MA 154/2018) [2018] SCSC 8199 (26 June 2018)

The applicant has a bona fide claim and will suffer substantial and irreparable loss if the orders are not granted; the balance of convenience favors granting the injunction and sequestration to preserve assets and evidence pending the outcome of the main suit.

Citation
[2018] SCSC 8199
Parties
Applicant: Nathalie Lefevre; 1st Respondent: Beau Vallon Properties Ltd; 2nd Respondent: 2nd Respondent; 3rd Respondent: 3rd Respondent
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 June 2018
Case Number
MA 154/2018
Procedural Posture
Civil / Ex Parte Interlocutory Application for Injunction and Sequestration
Outcome
Interlocutory injunction and sequestration orders granted ex parte
Legal Topics
Injunctions, Sequestration of Property, Preservation of Evidence
Source Language
English
Civil Procedure Equity Injunctions Sequestration of Property Preservation of Evidence

Case Brief

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Parties

Nathalie Lefevre

Applicant

Beau Vallon Properties Ltd

1st Respondent

2nd Respondent

2nd Respondent

3rd Respondent

3rd Respondent

Procedural Posture

Civil / Ex Parte Interlocutory Application for Injunction and Sequestration

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction to preserve the status quo regarding ownership of shares and assets
  2. 2 Whether sequestration of movables is warranted to prevent dissipation of assets
  3. 3 Whether preservation of financial documentation is necessary

Ratio Decidendi

The applicant has a bona fide claim and will suffer substantial and irreparable loss if the orders are not granted; the balance of convenience favors granting the injunction and sequestration to preserve assets and evidence pending the outcome of the main suit.

Court Disposition

Interlocutory injunction and sequestration orders granted ex parte

Orders

  • Writ of injunction prohibiting respondents from dissipating or alienating assets until final decision
  • Order for sequestration of all movables until final decision