Stylianou v Chimarides

Stylianou v Chimarides

The judge found that the circuit judge exercised her discretion properly in granting leave to appeal out of time, with sufficient reasons for the delay and the merits of the application. There was no real prospect of success in the appeal against the order granting leave to set aside the consent order.

Parties
Claimant/respondent: Anna Stylianou (formerly Yiannoulla Chimarides); Defendant/appellant: Stelios Sergios Chimarides
Jurisdiction
England and Wales
Judgment Date
29 July 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Ancillary Relief, Consent Orders, Material Non Disclosure, Leave to Appeal Out of Time
Family Law Civil Procedure Ancillary Relief Consent Orders Material Non Disclosure Leave to Appeal Out of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Anna Stylianou (formerly Yiannoulla Chimarides)

Claimant/respondent

Stelios Sergios Chimarides

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether leave to appeal out of time against the order setting aside a consent order should be granted
  2. 2 Whether delay in bringing the application to set aside was justified
  3. 3 Whether there was material non-disclosure justifying setting aside the consent order

Ratio Decidendi

The judge found that the circuit judge exercised her discretion properly in granting leave to appeal out of time, with sufficient reasons for the delay and the merits of the application. There was no real prospect of success in the appeal against the order granting leave to set aside the consent order.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed
  • No order for costs