Kalidas & Anor v Kalidas

Kalidas & Anor v Kalidas

The application was dismissed because the trial judge found no common intention that the applicants should have a beneficial interest in the property, and it was not open to the applicants to advance a new case on appeal based on Oxley v Hiscock.

Parties
Defendant/appellant: Dilip Kalidas; Defendant/appellant: Satish Kalidas; Claimant/respondent: Bhikhubhai Kalidas
Jurisdiction
England and Wales
Judgment Date
16 March 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Beneficial Ownership, Resulting Trusts, Common Intention Constructive Trusts, Family Property Disputes
Property Law Trusts Beneficial Ownership Resulting Trusts Common Intention Constructive Trusts Family Property Disputes

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Parties

Dilip Kalidas

Defendant/appellant

Satish Kalidas

Defendant/appellant

Bhikhubhai Kalidas

Claimant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicants have a beneficial interest in the property at 82 Hartford Road
  2. 2 Whether the trial judge erred in law by not applying the principles in Oxley v Hiscock

Ratio Decidendi

The application was dismissed because the trial judge found no common intention that the applicants should have a beneficial interest in the property, and it was not open to the applicants to advance a new case on appeal based on Oxley v Hiscock.

Court Disposition

application dismissed

Orders

  • Applicants to pay claimant's costs of today, subject to detailed assessment
  • No order as to claimant's costs of hearing on 21st February