ROYAL COURT
(Samedi Division)
30 November 1998
Before: F C Hamon Esq., Deputy Bailiff, and
Jurats Rumfitt and Bullen
Between:Marc Rich & Co Holding GmbH First Plaintiff
Marc Rich & Co Investment AG Second Plaintiff
Marc Rich Investments Limited Third Plaintiff
Novarco AG Fourth Plaintiff
Novarco (UK) Limited Fifth Plaintiff
And: Alex Krasner First Defendant
And: Hussar Limited Second Defendant
And: Royal Bank of Canada (Jersey) Lt First Party Cited
And: Hugo Management Services Ltd Second Party Cited
And: Kleinwort Benson (Jersey) Ltd Third Party Cited
Application by the Second Defendant for an Order that the disclosure, discovery and inspection sought in the Plaintiffs Order of Justice should be stayed, under the Courts inherent jurisdiction, insofar as concerns information relating to the Second Defendant, until further Order of the English Court in respect of the corresponding Anton Pillar Order.
Advocate K O Dixon for the Plaintiffs
Advocate N M C Santos Costa for the second Defendant and for the second Party Cited
Advocate A R Binnington for the first Party Cited
Advocate J Speck for the third Party Cited
The second Defendant not yet served
JUDGMENT
THE DEPUTY BAILIFF: We have been informed that there is an action pending in the High Court which will be heard on Thursday or Friday of this week whereupon a decision will be made as to whether documents need to be disclosed in the main action in England which may affect the orders which have already been made in this jurisdiction.
Mr Costa has pointed out and Mr Dixon is not disagreeing that the Orders made in this jurisdiction and in other jurisdictions ride on the back of the main action which is running in the High Court.
In the circumstances we are not going to make the Order. We are going to vary it pending the decision of the High Court as is requested in the Summons. The documents held at the registered office of the company should now be lodged forthwith with the Viscount pending further order of this Court. Because everything appears to be dependent on a decision to be made in the High Court we will give Mr Dixon liberty to apply on 1 hours notice for the matter to come back to Court.
No Authorities