Gaspar v Zaleski & Ors [2017] EWHC 1770 (Ch) (12 July 2017)

Gaspar v Zaleski & Ors [2017] EWHC 1770 (Ch) (12 July 2017)

The 2008 Trust Deed conferred a beneficial interest in the Property on the Claimant as a tenant in common, entitling her to £225,000 and one quarter of the profit on sale after repayment of the mortgage and the £450,000 contribution. There was no subsequent agreement or representation sufficient to alter this interest. The Claimant is entitled to a declaration of her interest and an order for sale.

Citation
[2017] EWHC 1770 (Ch)
Parties
Claimant: Isabelle Josephine Erika Gaspar; First Defendant: Mark Xavier Zaleski; Second Defendant: Mido Kabbani; Third Defendant: Antonina Dominique Kabbani
Jurisdiction
England and Wales
Judgment Date
12 July 2017
Procedural Posture
Chancery Division Property/trusts Dispute / First Instance Judgment
Outcome
Claim allowed in favour of the Claimant
Legal Topics
Beneficial Ownership, Declaration of Trust, Constructive Trust, Proprietary Estoppel, Order for Sale, Equitable Accounting
Equity and Trusts Property Law Beneficial Ownership Declaration of Trust Constructive Trust Proprietary Estoppel Order for Sale Equitable Accounting

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Isabelle Josephine Erika Gaspar

Claimant

Mark Xavier Zaleski

First Defendant

Mido Kabbani

Second Defendant

Antonina Dominique Kabbani

Third Defendant

Procedural Posture

Chancery Division Property/trusts Dispute / First Instance Judgment

Legal Issues

  1. 1 Whether the 2008 Trust Deed conferred a beneficial interest in the Property on the Claimant
  2. 2 Whether a prior agreement between the Claimant and First Defendant affected beneficial ownership
  3. 3 Whether the beneficial ownership changed in 2009 due to subsequent events or representations

Ratio Decidendi

The 2008 Trust Deed conferred a beneficial interest in the Property on the Claimant as a tenant in common, entitling her to £225,000 and one quarter of the profit on sale after repayment of the mortgage and the £450,000 contribution. There was no subsequent agreement or representation sufficient to alter this interest. The Claimant is entitled to a declaration of her interest and an order for sale.

Court Disposition

Claim allowed in favour of the Claimant

Orders

  • Declaration that the Claimant has a beneficial interest in the Property as specified
  • Order for sale of the Property