Jersey Unreported Judgments

2000/8

3 pages

ROYAL COURT

(Samedi Division)

 

20^th January, 2000

 

Before:   Sir Philip Bailhache, Bailiff, and

                                                           Jurats de Veulle and Georgelin

 

 

                                               In re the Representation of the

                                            Danish Defence Club, Copenhagen                    First Representor

                                                                     and

                                                  Bentley Stokes & Lowless                       Second Representor

 

                                                             The Viscount                                         Party Convened

 

 

Settlement of Arbitration Proceedings under Charterparty - Charterer Jersey registered Company, struck off Register of Limited Liability Companies - Application by Insurer's and Charterer's legal representatives for directions on payment of monies they are holding on behalf of Charterer and for payment of their expenses from Settlement proceeds.

 

Advocate S. Riley for the First and Second Representors.

Advocate N. Benest for the Viscount.

 

JUDGMENT

 

THE BAILIFF:  This Representation was brought before the Court for the first time on 17^th December, 1999, and on that day the Viscount appeared by counsel and accepted service of the Representation.

 

Having heard argument from counsel the Court adjourned the matter sine die so that further consideration could be given by the Viscount to the question of whether he should act, in effect, as an administrator of the monies held by the Representors.

 

The Viscount has now submitted that it would not be appropriate - certainly at this stage - for him to be appointed as an administrator of these monies.  It is unnecessary for us to enumerate the reasons which the Viscount has given.

 

The position is that the Representors are holding money which is due to a company called Windward Navigation Limited.  Windward Navigation Limited was struck off the register in 1992 but has subsequently been reinstated on the application of the second Representor.  The Representors are, however, ignorant of the identity of any directors of Windward Navigation Limited and are also ignorant of the identity of the beneficial owner of the company.

 

Before the company was struck off it was administered by Legal Trustees (Jersey) Limited and we have been told by counsel that that company withdrew its services as a result of the non-payment of their fees.

 

The Court understands the desire of the Representors to seek some authority for the payment over of the monies which they are holding on behalf of Windward Navigation Limited.

 

We propose to adjourn this Representation for a further period so that Legal Trustees (Jersey) Limited can be convened.  We propose also to convene the Financial Services Commission with a direction that the Commission appear with the papers relating to the incorporation of the company and specifically with any information which the Commission may have as to the identity of the beneficial owner of this company.

 

We convene Legal Trustees (Jersey) Limited and the Financial Services Commission for Friday, 6^th February, 2000, at which time a date can be fixed for further argument.

 

The Viscount has asked the Court to consider whether he should not at this stage be discharged from the Representation with his costs paid.  We do not think it appropriate to discharge the Viscount at this time.  We think it would be convenient if he were to remain as a party but he may to excused from appearing until further notice.

 

The Representors have also asked that authority be given to pay outstanding costs.  We defer this application until we have had the opportunity of considering any further submissions which may be made by the parties whom we have just convened.

Authorities

 

 

Companies (Jersey) Law 1991: Articles 88, 128, 213.

 

Representation of Royal Bank of Scotland (19^th October, 1999) Jersey Unreported.