Kalidas & Anor v Kalidas [2005] EWCA Civ 354 (16 March 2005)

Kalidas & Anor v Kalidas [2005] EWCA Civ 354 (16 March 2005)

The applicants failed to establish any common intention that they should have a beneficial interest in the property; the judge's findings of fact preclude the new case advanced on appeal, and there is no real prospect of success.

Source-derived case information.

Citation
[2005] EWCA Civ 354
Parties
Defendant/appellant: Dilip Kalidas; Defendant/appellant: Satish Kalidas; Claimant/respondent: Bhikhubhai Kalidas
Jurisdiction
England and Wales
Judgment Date
16 March 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Beneficial Ownership, Resulting Trusts, Constructive Trusts, Family Property Disputes, Common Intention, Appeal Procedure
Property Law Trusts Law Beneficial Ownership Resulting Trusts Constructive Trusts Family Property Disputes Common Intention Appeal Procedure

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Parties

Dilip Kalidas

Defendant/appellant

Satish Kalidas

Defendant/appellant

Bhikhubhai Kalidas

Claimant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicants have a beneficial interest in the property at 82 Hartford Road
  2. 2 Whether there was a common intention that the beneficial interest should be split between the brothers
  3. 3 Whether a new case based on Oxley v Hiscock can be advanced on appeal

Ratio Decidendi

The applicants failed to establish any common intention that they should have a beneficial interest in the property; the judge's findings of fact preclude the new case advanced on appeal, and there is no real prospect of success.

Court Disposition

Application dismissed

Orders

  • Applicants to pay claimant's costs of today, subject to detailed assessment
  • No order as to claimant's costs of hearing on 21st February