Jersey Unreported Judgments

Application by defendant to raise disclosure injunction in Plaintiffs Order of Justice Refused

1998/242

Royal Court

(Samedi)

1 December 1998

Before     :

Sir Peter Crill, K. B.E., Commissioner, and Jurats Le Ruez and Le Brocq

 

Application by the Defendant to lift a disclosure injunction in the Plaintiff’s amended Order of Justice.

Advocate B.E. Troy for the Plaintiff

Advocate N.F. Journeaux for the Defendant

judgment

THE COMMISSIONER:

1.            In Krohn GmbH -v- Varna Shipyard, (24^th July, 1997) Jersey Unreported, the application was only for disclosure within the jurisdiction; nonetheless, we certainly follow the learned Bailiff’s reasoning in that Judgment when he says:

“… but can it be said that the defendant is enjoined to do or to refrain from doing something within the jurisdiction?  The affidavit could, and no doubt would, be given outside the jurisdiction.”

2.            Nevertheless, the proposal of the Plaintiff  here is slightly wider, asking for disclosure of the current value of the assets and their current location, including the jurisdiction, as applicable, in which they are held or administered.   For myself, whilst I see your argument, Mr. Journeaux, I think I can distinguish between that case and the present one and am now prepared to hear argument as to the extent to which the Order should be varied.

Authorities

Krohn GmbH -v- Varna Shipyard (24^th July, 1997) Jersey Unreported.