Waldman v Mahajan [2002] EWCA Civ 1839 (29 November 2002)

Waldman v Mahajan [2002] EWCA Civ 1839 (29 November 2002)

The applicant failed to provide any credible evidence to support allegations of dishonesty or conspiracy, and the grounds for setting aside the bankruptcy order or granting permission to appeal were without merit. The trial judge's findings and exercise of discretion were correct and final. There was no real prospect of success on appeal.

Citation
[2002] EWCA Civ 1839
Parties
Petitioner/respondent: Vivianne Bella Waldman; Respondent/applicant: Ashok Mahajan
Jurisdiction
England and Wales
Judgment Date
29 November 2002
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Applications for Transcript at Public Expense, Permission to Appeal, and to Adduce Fresh Evidence
Outcome
Applications refused
Legal Topics
Setting Aside Bankruptcy Order, Permission to Appeal, Adducing Fresh Evidence, Costs Orders, Allegations of Judicial Bias, Service of Process
Civil Procedure Bankruptcy Employment Law Setting Aside Bankruptcy Order Permission to Appeal Adducing Fresh Evidence Costs Orders Allegations of Judicial Bias +1 more

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Parties

Vivianne Bella Waldman

Petitioner/respondent

Ashok Mahajan

Respondent/applicant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Applications for Transcript at Public Expense, Permission to Appeal, and to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether the applicant is entitled to a transcript of proceedings at public expense
  2. 2 Whether permission to appeal the order of Neuberger J should be granted
  3. 3 Whether fresh evidence should be admitted

Ratio Decidendi

The applicant failed to provide any credible evidence to support allegations of dishonesty or conspiracy, and the grounds for setting aside the bankruptcy order or granting permission to appeal were without merit. The trial judge's findings and exercise of discretion were correct and final. There was no real prospect of success on appeal.

Court Disposition

Applications refused

Orders

  • Application for transcript at public expense refused
  • Application to adduce fresh evidence allowed to the extent that all evidence before the court was considered