Summary Judgment Application by Consent
[2025]JRC071
Royal Court
(Samedi)
13 March 2025
|
Before :
|
Sir Timothy Le Cocq,
Bailiff, and Jurats Christensen, MBE. and Le Cornu
|
IN THE MATTER OF AN APPLICATION
PURSUANT TO ARTICLE 155 OF THE COMPANIES (JERSEY) LAW 1991
AND IN THE MATTER OF SIENA PROPERTIES
(JERSEY) LIMITED
AND IN THE MATTER OF SIENA PROPERTIES
(BARDEAUX) LIMITED
AND IN THE MATTER OF SIENA PROPERTIES
(OSJ) LIMITED
AND IN THE MATTER OF LES BARDEAUX
DEVELOPMENTS LIMITED
AND IN THE MATTER OF CEDAR CONSTRUCTION
LIMITED
AND
IN THE MATTER OF AN APPLICATION UNDER
ARTICLE 157A OF THE COMPANIES (JERSEY) LAW 1991
AND IN THE MATTER OF SIENA PROPERTIES
(BARDEAUX) LIMITED
Advocate H. B. Mistry for the Representors.
Advocate S. B. Wauchope for Mr M Stone.
Advocate A. T. H. English for Mr McPherson
and Mrs McQueeney.
Advocate N. H. MacDonald for Hawk Lending
Limited.
Advocate D. R. Wilson for the Viscount of the
Royal Court.
judgment ON SUMMARY JUDGMENT
APPLICATION
the bailiff:
1.
During the course of the hearing as to whether or
not the Siena Group of companies should be subject to a just and equitable
winding up a document was presented to the court reflecting an application for
summary judgment on behalf of Mr Anthony John McPherson and Catherine McQueeney
against Siena Properties OSJ Limited, Siena Properties Jersey Limited and Mr
Stephen Neal. The application was countersigned by Advocate Alexander English
for the Plaintiffs and by Advocate Mistry for the Defendants. Accordingly, it
was an application for a summary judgment by consent.
2.
The Court sees no reason not to grant the judgment
applied for and accordingly does so.
3.
There has been some delay before this short judgment
has been issued but in the view of the Court the consent judgment was presented
in perfected form before the decision of the court was reached as to the matter
of whether or not there should be a just and equitable winding up and
accordingly the judgment should in our view be deemed to be issued immediately
before the judgment on the just and equitable winding up.
No Authorities