Kishenin (t/a Beidebecke's Hotel and Restaurant) v Von Kalsten Bleach & Ors

Kishenin (t/a Beidebecke's Hotel and Restaurant) v Von Kalsten Bleach & Ors

There was no evidence before the trial judge to support the orders for possession or costs against Ms Shard or Scarborough Cocktails Ltd. The judge failed to consider their applications to strike out and did not address their separate positions. The orders cannot stand and must be set aside. Time for Scarborough Cocktails Ltd to appeal is extended due to exceptional circumstances and justice requires it.

Parties
Claimant/respondent: Vladimir Kishenin t/a Beiderbecke's Hotel and Restaurant; Defendant/appellant: Peter Von Kalsten Bleach; Defendant/appellant: Sadie Isabella Shard; Defendant: Beiderbecke's Limited; Defendant/appellant: Scarborough Cocktails Ltd
Jurisdiction
England and Wales
Judgment Date
07 October 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Joinder of Parties, Possession Proceedings, Costs Orders, Extension of Time for Appeal
Civil Procedure Property Law Joinder of Parties Possession Proceedings Costs Orders Extension of Time for Appeal

Case Brief

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Parties

Vladimir Kishenin t/a Beiderbecke's Hotel and Restaurant

Claimant/respondent

Peter Von Kalsten Bleach

Defendant/appellant

Sadie Isabella Shard

Defendant/appellant

Beiderbecke's Limited

Defendant

Scarborough Cocktails Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Ms Shard and Scarborough Cocktails Ltd should have been joined as parties to the possession proceedings
  2. 2 Whether the orders for possession and costs against Ms Shard and Scarborough Cocktails Ltd were justified on the evidence
  3. 3 Whether time should be extended to allow Scarborough Cocktails Ltd to appeal

Ratio Decidendi

There was no evidence before the trial judge to support the orders for possession or costs against Ms Shard or Scarborough Cocktails Ltd. The judge failed to consider their applications to strike out and did not address their separate positions. The orders cannot stand and must be set aside. Time for Scarborough Cocktails Ltd to appeal is extended due to exceptional circumstances and justice requires it.

Court Disposition

Appeal allowed

Orders

  • Time extended for Scarborough Cocktails Ltd to file appellant's notice
  • Appellant's notice for Ms Shard to stand also for Scarborough Cocktails Ltd