Nakhjavani v Pelagias [2005] EWCA Civ 823 (17 June 2005)

Nakhjavani v Pelagias [2005] EWCA Civ 823 (17 June 2005)

The Deputy Master erred by relying on unaudited partnership accounts not involving the claimant and by failing to adequately inquire into the basis of those accounts; reasons given were insufficient. The matter must be remitted for a proper account, with objections limited to those already made in writing.

Source-derived case information.

Citation
[2005] EWCA Civ 823
Parties
Appellant/claimant: Sayed Gharavu Nakhjavani; Respondent/defendant: Stasinos Theophilou Pelagias
Jurisdiction
England and Wales
Judgment Date
17 June 2005
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Taking of Accounts, Partnership Accounts, Adequacy of Reasons, Alternative Dispute Resolution (adr), Costs
Civil Procedure Equity Taking of Accounts Partnership Accounts Adequacy of Reasons Alternative Dispute Resolution (adr) Costs

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Parties

Sayed Gharavu Nakhjavani

Appellant/claimant

Stasinos Theophilou Pelagias

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Deputy Master erred in relying on unaudited partnership accounts not involving the claimant
  2. 2 Whether insurance proceeds and rent were properly accounted for
  3. 3 Adequacy of reasons given by the Deputy Master

Ratio Decidendi

The Deputy Master erred by relying on unaudited partnership accounts not involving the claimant and by failing to adequately inquire into the basis of those accounts; reasons given were insufficient. The matter must be remitted for a proper account, with objections limited to those already made in writing.

Court Disposition

Appeal allowed

Orders

  • Account remitted to a full Master of the Chancery Division
  • Objections limited to those made in writing