Andreas Constandas v (1) Telemachos Constandas (2) Leile Trovao (3) Avghi Constandas (Costs : Liability after adverse decision) [2018] UKFTT 443 (PC) (10 July 2018)

Andreas Constandas v (1) Telemachos Constandas (2) Leile Trovao (3) Avghi Constandas (Costs : Liability after adverse decision) [2018] UKFTT 443 (PC) (10 July 2018)

The applicant lacked credibility in both written and oral evidence, but the respondent also relied on concocted transcripts; therefore, no order for costs was made.

Citation
[2018] UKFTT 443 (PC)
Parties
Applicant: Andreas Constandas; Respondent: Telemachos Constandas; Respondent: Leile Trovao; Respondent: Avghi Constandas
Jurisdiction
England and Wales
Judgment Date
10 July 2018
Procedural Posture
First Tier Tribunal (property Chamber) / Costs: Liability After Adverse Decision
Outcome
No order for costs
Legal Topics
Forgery, Non Est Factum, Unconscionable Bargain, Costs Liability
Property Law Forgery Non Est Factum Unconscionable Bargain Costs Liability

Case Brief

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Parties

Andreas Constandas

Applicant

Telemachos Constandas

Respondent

Leile Trovao

Respondent

Avghi Constandas

Respondent

Procedural Posture

First Tier Tribunal (property Chamber) / Costs: Liability After Adverse Decision

Legal Issues

  1. 1 Whether the applicant's signature on the transfer of a house was forged
  2. 2 Whether the transfer was void by reason of non est factum
  3. 3 Whether the transfer was voidable as an unconscionable bargain

Ratio Decidendi

The applicant lacked credibility in both written and oral evidence, but the respondent also relied on concocted transcripts; therefore, no order for costs was made.

Court Disposition

No order for costs