Jersey Unreported Judgments

Summary Judgment Application by Consent

[2025] JRC 071

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.

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