Choudary v Nawaz & Ors

Choudary v Nawaz & Ors

The application for extension of time and permission to appeal was refused because the so-called fresh evidence was either available at trial or could have been with reasonable diligence, none of it would have had an important influence on the result, and there was no justification for the delay. The judge's...

Source-derived case information.

Parties
Appellant: Choudary; 1st Respondent: Nawaz; 2nd Respondent: Riaz; 3rd Respondent: Ilyas; 4th Respondent: Younis
Jurisdiction
England and Wales
Judgment Date
19 December 2007
Procedural Posture
Civil Appeal / Application for Extension of Time and Permission to Appeal; Consideration of Fresh Evidence
Outcome
Application for extension of time and permission to appeal refused.
Legal Topics
Admission of Fresh Evidence on Appeal, Extension of Time for Appeal, Partnership Formation and Existence, Credibility of Witnesses
Civil Procedure Partnership Law Admission of Fresh Evidence on Appeal Extension of Time for Appeal Partnership Formation and Existence Credibility of Witnesses

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Summary, issues, holding and outcome

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Parties

Choudary

Appellant

Nawaz

1st Respondent

Riaz

2nd Respondent

Ilyas

3rd Respondent

Younis

4th Respondent

Procedural Posture

Civil Appeal / Application for Extension of Time and Permission to Appeal; Consideration of Fresh Evidence

Legal Issues

  1. 1 Whether the claimant was a partner in the Northern Accommodation Agency partnership
  2. 2 Whether fresh evidence should be admitted on appeal
  3. 3 Whether there was justification for extension of time to appeal

Ratio Decidendi

The application for extension of time and permission to appeal was refused because the so-called fresh evidence was either available at trial or could have been with reasonable diligence, none of it would have had an important influence on the result, and there was no justification for the delay. The judge's findings on the non-existence of a partnership and the claimant's lack of credibility were not undermined by the new material.

Court Disposition

Application for extension of time and permission to appeal refused.

Orders

  • Permission to appeal refused.
  • Application for extension of time refused.