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Jersey Unreported Judgments |
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You are here: BAILII >> Databases >> Jersey Unreported Judgments >> re Valenvalls v [2002] JRC 170A (13 September 2002) URL: http://www.bailii.org/je/cases/UR/2002/2002_170A.html Cite as: [2002] JRC 170A |
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2002/170A
ROYAL COURT
(Samedi Division)
13th September, 2002 .
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Before: |
P.R. Le Cras, Esq., Commissioner, and Jurats Rumfitt and Tibbo. |
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Between |
Abbey National Treasury International Limited |
Representor |
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And |
(1) Praphad Phodhivorkhan (2) William R. Taylor (3) Charles D. and Maxine Sue Gregory (4) Lincoln Norton (5) Charles M. Torres (6) Zhong Kai Sun (a.k.a. John Z. Sun/Zong Khai Sun) (7) Larry Williams (8) James Elting Grey (9) John Destefano (a.k.a. John Distefano/John Vespecho/John Destcho) (10) Tradewinds (11) Michael Gray (12) Lucille Elizabeth King (13) A. Hank Richard Jnr (14) Frederick C.K. (Chip) Wall (a.k.a. John Sturgeon) (15) Johnny Tsai (16) Herb Friske (17) Eric Nobles (18) John (JP) Little (19) Sam Moorjani (20) Mark Shaner (21) Daniel Anderson (22) (Party not convened) (23) Evelyn Fitzmaurice (24) Geoffrey Schwan (25) George and Elwyn Robinette (a.k.a. Barb Robinette) (26) Norman Bradford (27) Richard Hill (28) Bob Hunt (29) Timothy Gebert (30) George Todd (31) Mohammad Nayeem (32) Doug Caton (discharged 11th December, 2001) (33) Sam W. Evans III (34) Brian Noble (35) Gretchen Detchen (36) John Gjerde (37) Jean-Louis Favez (38) Gerald Dambach (39) Mr. Carraux (40) Jeffery Arbeit (41) Jim Callahan (42) Barbara Gebert (43) Phyllis Hill (44) Bennett Lawson (45) Carole Sechrest (46) Wanda Nayeem (47) Bob Stahlschmidt (48) Gerry Stanfill (49) Neil and Joan Stiegerwalt (50) Nancy Todd (51) Richard DeFran (52) Mary L. Patten (a.k.a. Mrs. Mary L. Patten Maslach) (53) Her Majesty's Attorney General (54) Valenvalls Investment Corporation (55) Hemery Trust and Corporate Services Limited |
Respondents |
Endorsement of an agreed scheme for the distribution of funds.
Advocate D.R. Wilson for the Representor.
Advocate G.S. Robinson for Maxine Sue Gregory and for the 2nd, 4th, 5th,11th, 12th, 13th, 14th, 30th, 31st, 33rd, 41st, 42nd, 43rd, 44th, 45th, 46th, 47th, 48th, 49th, and 51st Respondents.
Advocate R. Tremoceiro for 6th and 7th Respondents.
Advocate M. P. Renouf for the 8th Respondent.
Advocate A. P. Begg for the 37th and 38th Respondents.
Advocate W. Grace for the 55th Respondent.
Advocate A.J. Belhomme on behalf of the Attorney General (53rd Respondent).
judgment
the COMMISSIONER:
1. These have been profoundly unsatisfactory and disturbing proceedings. Cater Allen Bank, now ANTIL, becoming concerned with regard to claims on monies held by them and following complaints that individuals had been defrauded referred the matter to the Court.
2. After a series of hearings it had become clear that some investors who might have a claim on the monies held by Cater Allen either could not be found or did not wish to claim or, in the case of Mrs Patten, have failed to appear when warned of these proceedings. Others did wish to pursue their claims and these were referred to the Master for his adjudication.
3. Some of those claimants were successful and are before the Court and others of these were unsuccessful and the Court was advised by Counsel that these others wish to take no further action. Those that were successful before the Greffier have now agreed a scheme and have asked the Court to endorse it. The Court accepts that these claimants are entitled to funds though without prejudice to any further claims or actions and orders that the monies may be divided out as agreed between them.
4. The Court notes that ANTIL's costs are agreed and endorses that agreement; and also that Hemery's costs are agreed and will be met by Miss Robinson's clients.
5. Finally, the Court is disturbed by the facts and allegations emerging in this case and the papers will be referred to the Jersey Financial Services Commission.
