Judgment
In the Matter of William Gayhart and Debra Buchanan v John G Schanck - Ruling
[2020] CIGC (FSD) 114
· FSD 0206/2018 (IKJ); FSD 0053/2019 (IKJ) · 2020-08-14
Enforcement of domesticated foreign judgment - freezing order-default judgments - receivership order - determination of whether assets held by company owned and controlled by judgment debtor are available for execution - piercing the corporate veil - effect of resettlement of Florida revocable trust as an irrevocable Cook Islands trust on title to assets frozen by freezing order - application by foreign trustee for adjournment to intervene to assert claim to local assets - whether rights attached to shares capable of being assigned or delegated to receivers
Full metadata
| Neutral Citation | [2020] CIGC (FSD) 114 |
|---|---|
| Cause Number | FSD 0206/2018 (IKJ); FSD 0053/2019 (IKJ) |
| Court | CIGC (FSD) |
| Judge | Kawaley J |
| Parties | In the Matter of William Gayhart and Debra Buchanan v John G Schanck - Ruling |
| Judgment Date | 2020-08-14 |
| Subject | Enforcement of domesticated foreign judgment - freezing order-default judgments - receivership order - determination of whether assets held by company owned and controlled by judgment debtor are available for execution - piercing the corporate veil - effect of resettlement of Florida revocable trust as an irrevocable Cook Islands trust on title to assets frozen by freezing order - application by foreign trustee for adjournment to intervene to assert claim to local assets - whether rights attached to shares capable of being assigned or delegated to receivers |
| Filename (current) | 20-08-14-William-Gayhart-and-Debra-Buchanan-v-John-G-Schanck.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Grand Court Act | 11 | 3 |
| Companies Act | — | 1 |
| Confidential Information Disclosure Act | — | 1 |
| Fraudulent Dispositions Act | 4 | 1 |
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