Anthony Orchard & Anor v Alison Mooney & Anor

Anthony Orchard & Anor v Alison Mooney & Anor

The appellants did not behave unreasonably in bringing or conducting the proceedings for discharge of the manager; there was a reasonable explanation for their conduct, and the FTT's costs decision was not justified.

Source-derived case information.

Parties
Appellant: Anthony Orchard; Appellant: Jacqueline Orchard; Respondent: Alison Mooney; Respondent: Helen Orkin
Jurisdiction
England and Wales
Judgment Date
11 April 2023
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Appointment of Manager, Costs, Unreasonable Conduct, Procedural Fairness
Landlord and Tenant Property Law Appointment of Manager Costs Unreasonable Conduct Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Anthony Orchard

Appellant

Jacqueline Orchard

Appellant

Alison Mooney

Respondent

Helen Orkin

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants acted unreasonably in bringing the application to discharge the manager
  2. 2 Whether the appellants acted unreasonably in applying for disclosure
  3. 3 Whether the First-tier Tribunal's costs order was justified

Ratio Decidendi

The appellants did not behave unreasonably in bringing or conducting the proceedings for discharge of the manager; there was a reasonable explanation for their conduct, and the FTT's costs decision was not justified.

Court Disposition

appeal allowed

Orders

  • The FTT's costs decision is set aside.
  • Any party may apply for costs within 14 days of the decision being sent.