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Jersey Unreported Judgments |
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You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/122 - Giles v Forrest [1999] UR 122 (8 July 1999) URL: http://www.bailii.org/je/cases/UR/1999/122.html Cite as: [1999] UR 122 |
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ROYAL COURT
(Samedi Division)
8 July 1999
Before: F C Hamon, Deputy Bailiff,
and Jurats Le Ruez and Allo
Application by Linda Mary Giles, former wife of Michael William Forrest, under Rule 2 of the Bankruptcy (Désastre) (Jersey) Rules, 1991, to declare the said Michael William Forrest en désastre
Advocate R J Renouf for the Applicant
Advocate A P Begg for the Respondent
JUDGMENT
THE DEPUTY BAILIFF: We have deferred the matter until today because Mr. Forrest was not in the Island. We have now considered a bundle of letters sent today by fax at 9.34 to the Bailiff’s Secretary by Advocate Begg. We could not consider them until now as the Court was sitting at 9.30. There is a form of offer made by Cranfield Trust Co Ltd of which Mr. Forrest is a beneficiary by way of the Cranfield Trust. That form of offer was made on 6 July 1999. The directors of the company apparently had met, albeit not in person as two reside in England and one resides in Australia.
Mr. Renouf replied on 7 July with suggested counter-terms but the company found it, in the words of Mr. Begg "totally impossible to be made aware still less consider the counter proposals." Mr. Killip was out of the Island on 7 July but he was in Court today. Mr. Begg went on to ask for a further week before the decision is made.
This is not a matter between the applicant and Cranfield Trust Company Limited. We have tried to broker an agreement and we have waited while Mr. Killip discussed the matter with Mr. Renouf in Court but on our return Mr. Renouf says that they are no closer to an agreement than they were before and presses on with his application.
In the circumstances we have no alternative but to make the declaration en désastre, which we now do.
No Authorities
