Ghassemian v Tigris Industries Inc

Ghassemian v Tigris Industries Inc

The Master failed to sufficiently address material evidence (specifically, references in District Judge Madge's judgment to Mills-Thomas' authorship and retention of the Declaration of Trust) in concluding that the Declaration of Trust was not authentic; given the absence of the original letter of 8 July 1986 before the Master, the appeal must be allowed and the issue remitted for trial with oral evidence.

Parties
Appellant and Defendant: Hamila Ghassemian (also known as Hamila Sartipy); Respondent and Claimant: Tigris Industries Inc
Jurisdiction
England and Wales
Judgment Date
15 October 2014
Procedural Posture
Appeal / Judgment on Appeal Against Enforcement of Charging Order
Outcome
Appeal allowed; issue remitted for trial before a Master with oral evidence.
Legal Topics
Charging Orders, Trusts, Burden of Proof, Admissibility of Evidence, Appeals, Fraud, Sham Documents
Civil Procedure Property Law Charging Orders Trusts Burden of Proof Admissibility of Evidence Appeals Fraud +1 more

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Parties

Hamila Ghassemian (also known as Hamila Sartipy)

Appellant and Defendant

Tigris Industries Inc

Respondent and Claimant

Procedural Posture

Appeal / Judgment on Appeal Against Enforcement of Charging Order

Legal Issues

  1. 1 Whether the Declaration of Trust dated 13 June 1986 was genuine and executed as claimed
  2. 2 Whether the burden of proof was correctly applied in the Part 8 claim
  3. 3 Whether the Master erred in law or procedure in finding the Declaration of Trust not authentic

Ratio Decidendi

The Master failed to sufficiently address material evidence (specifically, references in District Judge Madge's judgment to Mills-Thomas' authorship and retention of the Declaration of Trust) in concluding that the Declaration of Trust was not authentic; given the absence of the original letter of 8 July 1986 before the Master, the appeal must be allowed and the issue remitted for trial with oral evidence.

Court Disposition

Appeal allowed; issue remitted for trial before a Master with oral evidence.

Orders

  • The issue of authenticity of the Declaration of Trust is remitted for trial before a Master.
  • No order as to costs on the appeal, subject to parties' right to apply within 14 days.