Gaspar v Zaleski & Ors

The 2008 Trust Deed confers a beneficial interest on Isabelle Gaspar as tenant in common, entitling her to £225,000 and one quarter of the profit after mortgage repayment and Mark's contribution. There was no agreement requiring Isabelle to reimburse Mark, and no subsequent proprietary estoppel or constructive trust altered her interest.

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: Civil / Judgment
Outcome: Claim allowed
Legal Topics: Beneficial Ownership, Declaration of Trust, Common Intention Constructive Trust, Proprietary Estoppel, Order for Sale, Equitable Accounting

Property Law Trusts Law Equity Beneficial Ownership Declaration of Trust Common Intention Constructive Trust Proprietary Estoppel Order for Sale +1 more

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 7 Party arguments 2 Amounts and remedies 4

Parties

Isabelle Josephine Erika Gaspar

Claimant

Mark Xavier Zaleski

First Defendant

Mido Kabbani

Second Defendant

Antonina Dominique Kabbani

Third Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the 2008 Trust Deed confers a beneficial interest on Isabelle Gaspar
2 Whether a prior agreement between Mark and Isabelle affects beneficial ownership
3 Whether beneficial ownership changed in 2009 due to proprietary estoppel

Ratio Decidendi

Court Disposition

Claim allowed

Orders

Declaration that Isabelle Gaspar has a beneficial interest in the Property as tenant in common
Order for sale of the Property