Nakhjavani v Pelagias

Nakhjavani v Pelagias

The Deputy Master erred in relying on unaudited partnership accounts not involving the claimant and without inquiry into their preparation. Objections to the account are limited to those made in writing, and expenditure timing cannot be objected to as the ruling was not appealed.

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, Alternative Dispute Resolution, Costs
Civil Procedure Equity Taking of Accounts Partnership Accounts Alternative Dispute Resolution 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 rental sums were properly accounted for
  3. 3 Whether objections to items in the account should be limited to those already made in writing

Ratio Decidendi

The Deputy Master erred in relying on unaudited partnership accounts not involving the claimant and without inquiry into their preparation. Objections to the account are limited to those made in writing, and expenditure timing cannot be objected to as the ruling was not appealed.

Court Disposition

Appeal allowed

Orders

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