Waiwaiku v Waiwaiku [2004] EWCA Civ 20 (14 January 2004)

Waiwaiku v Waiwaiku [2004] EWCA Civ 20 (14 January 2004)

There was no error of law or principle in Judge Yelton's decision to revoke the lump sum order, as there was no evidence of undisclosed assets or income, and lump sums should not ordinarily be ordered from income. No important point of principle or practice arises, and there is no prospect of success on appeal.

Citation
[2004] EWCA Civ 20
Parties
Appellant/respondent: Kokulo Nyanpee Waiwaiku; Respondent/applicant: Leona Viki Waiwaiku
Jurisdiction
England and Wales
Judgment Date
14 January 2004
Procedural Posture
Appeal (family Law Ancillary Relief) / Application for Permission to Appeal to Court of Appeal
Outcome
Application for permission to appeal and stay of execution refused; application dismissed.
Legal Topics
Ancillary Relief, Lump Sum Orders, Periodical Payments, Disclosure of Assets, Appeals Procedure
Family Law Ancillary Relief Lump Sum Orders Periodical Payments Disclosure of Assets Appeals Procedure

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Parties

Kokulo Nyanpee Waiwaiku

Appellant/respondent

Leona Viki Waiwaiku

Respondent/applicant

Procedural Posture

Appeal (family Law Ancillary Relief) / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in revoking the lump sum order of £30,000 in ancillary relief proceedings
  2. 2 Whether there was sufficient evidence of the husband's undisclosed assets or income to justify the lump sum order
  3. 3 Whether there is an important point of principle or practice justifying a second appeal

Ratio Decidendi

There was no error of law or principle in Judge Yelton's decision to revoke the lump sum order, as there was no evidence of undisclosed assets or income, and lump sums should not ordinarily be ordered from income. No important point of principle or practice arises, and there is no prospect of success on appeal.

Court Disposition

Application for permission to appeal and stay of execution refused; application dismissed.

Orders

  • Applications for permission to appeal and a stay of execution refused.
  • Mrs Waiwaiku to be supplied with a copy of this judgment at public expense.