Minwalla v Minwalla & Ors

Minwalla v Minwalla & Ors

Given the imminent final hearing and the lack of prejudice to the applicant, it is disproportionate and inappropriate to grant permission to appeal or adjourn the application. The applicant's own conduct and the risk of escalating costs justify dismissal of the application and an order for costs against him.

Parties
Claimant/respondent: Meher Rohinton Minwalla; Defendant/appellant: Darayus Cyrus Minwalla; Defendant/appellant: DM Investments SA; Defendant/appellant: Midfield Management Limited; Defendant/appellant: CI Trustees Limited as Trustees of the Fountain Trust
Jurisdiction
England and Wales
Judgment Date
03 November 2004
Procedural Posture
Civil Appeal (family Law) / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Maintenance Pending Suit, Jurisdiction of Court to Order Payment to Solicitors, Adjournment of Hearings, Costs in Family Proceedings
Family Law Civil Procedure Maintenance Pending Suit Jurisdiction of Court to Order Payment to Solicitors Adjournment of Hearings Costs in Family Proceedings

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Meher Rohinton Minwalla

Claimant/respondent

Darayus Cyrus Minwalla

Defendant/appellant

DM Investments SA

Defendant/appellant

Midfield Management Limited

Defendant/appellant

CI Trustees Limited as Trustees of the Fountain Trust

Defendant/appellant

Procedural Posture

Civil Appeal (family Law) / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge had jurisdiction to order maintenance pending suit to include payment to the petitioner's solicitors
  2. 2 Whether the application for adjournment was properly refused
  3. 3 Whether the permission application should be adjourned or dismissed given the proximity of the final hearing

Ratio Decidendi

Given the imminent final hearing and the lack of prejudice to the applicant, it is disproportionate and inappropriate to grant permission to appeal or adjourn the application. The applicant's own conduct and the risk of escalating costs justify dismissal of the application and an order for costs against him.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Applicant to pay the respondent's costs, such costs to be assessed by a costs judge