Sarkany v Dezfouli [2001] EWCA Civ 1311 (31 July 2001)

Sarkany v Dezfouli [2001] EWCA Civ 1311 (31 July 2001)

The application for permission to appeal was dismissed because the trial judge's findings of fact were supported by the evidence, there was no substantiated procedural unfairness, and the appeal was lodged with considerable and unexplained delay.

Citation
[2001] EWCA Civ 1311
Parties
Claimant/respondent: Ghassem Goodarzi Sarkany; Defendant/applicant: Cyrus Bassiri Dezfouli
Jurisdiction
England and Wales
Judgment Date
31 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Constructive Trust, Family Business Dispute, Misrepresentation, Delay in Appeal, Partnership Dissolution
Civil Procedure Trusts Contract Constructive Trust Family Business Dispute Misrepresentation Delay in Appeal Partnership Dissolution

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Parties

Ghassem Goodarzi Sarkany

Claimant/respondent

Cyrus Bassiri Dezfouli

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in findings of fact regarding ownership and transactions relating to the pizza business and lease
  2. 2 Whether there was misrepresentation or fraud by the claimant
  3. 3 Whether the defendant was entitled to appeal given the delay and alleged procedural unfairness

Ratio Decidendi

The application for permission to appeal was dismissed because the trial judge's findings of fact were supported by the evidence, there was no substantiated procedural unfairness, and the appeal was lodged with considerable and unexplained delay.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal is refused.