2002/183
ROYAL COURT
(Samedi Division)
9th October 2002
Before: |
Sir Philip Bailhache, Bailiff, and Jurats de Veulle, and Allo. |
Application by HSBC Bank, PLC for a Declaration under Article 6 of the Bankruptcy (Désastre) (Jersey) Law 1990 that the property of Kevin Ronald Leech be declared en désastre.
Advocate A.J. Olsen for the applicant.
judgment
the bailiff:
1. Mr Olsen, the Court has taken careful note of your submissions and in particular your submissions that uncertainty might prevail if the Court were to adjourn the application of HSBC and, furthermore, create the possibility that certain creditors might obtain a preference which they would otherwise be not entitled to receive.
2. The Court would like to make it clear, nonetheless, that it is not endorsing the proposal set out in the letter to the Viscount's Department of the 8th October, 2002 and will request the Viscount, if he deems it appropriate in due course, to refer the proposal to the Royal Court for its consideration.
3. Having said that, the Court is satisfied that the statutory criteria for the making of a declaration en désastre have been satisfied. We accordingly declare en désastre the property of Mr Kevin Ronald Leech.
Authorities
Bankruptcy (Désastre) (Jersey) Law 1990.
Bankruptcy (Désastre) (Jersey) Rules, 1991.