ARTICLE · 20 FEBRUARY 1998
Orange Grove Decision Boosts Cooks' Credibility
Cook IslandsWealth Management
By Adrian L Taylor, Legal Counsel
The decision in Orange Grove No. 1 handed down by the Full High Court of the Cook Islands in November 1995 illustrates the common sense approach of the Court in balancing the interests of settlors of Cook Islands International Trusts, trustees of those trusts and creditors of the settlors. The decision adds credibility to the Cook Islands' reputation as a progressive wealth preservation and asset protection jurisdiction which will assist prudent settlors, whilst simultaneously preventing the perpetration of obvious fraud against creditors.
In Orange Grove No. 1 ("the Victor Case") the respondent plaintiffs were purchasers of apartments in a condominium project in Los Angeles known as 515 South Orange Grove. In October 1991 the appellants wrote to one of the respondents alleging faulty workmanship and defects in the construction of the apartments and sought redress. The appellants issued proceedings in the United States in April 1992 and
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