Thandi v Sands & Ors

Thandi v Sands & Ors

The evidence shows the properties were always treated as belonging beneficially to Tarlochan Singh, with no convincing evidence of a trust or common intention to hold them for Mr Thandi. The Deed of Trust was found to be created in 2006 and backdated, serving as a sham and not evidencing or creating a trust.

Parties
Applicant: Chanan Singh Thandi; Defendant: Mark Sands; Defendant: Andrew Appleyard
Jurisdiction
England and Wales
Judgment Date
14 July 2014
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Common Intention Constructive Trust, Beneficial Ownership, Sham Trust Deed, Bankruptcy Estate, Transaction at Undervalue
Trusts Insolvency Property Common Intention Constructive Trust Beneficial Ownership Sham Trust Deed Bankruptcy Estate Transaction at Undervalue

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Parties

Chanan Singh Thandi

Applicant

Mark Sands

Defendant

Andrew Appleyard

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the properties were held on trust for Mr Thandi
  2. 2 Validity and timing of the Deed of Trust
  3. 3 Existence of a common intention constructive trust

Ratio Decidendi

The evidence shows the properties were always treated as belonging beneficially to Tarlochan Singh, with no convincing evidence of a trust or common intention to hold them for Mr Thandi. The Deed of Trust was found to be created in 2006 and backdated, serving as a sham and not evidencing or creating a trust.

Court Disposition

Claim dismissed