Lukas & Anor v Maltin & Ors

Lukas & Anor v Maltin & Ors

Applicants were present when the court set the hearing date and deadlines; their claim of lack of notification is without merit. There is no prospect of a successful appeal, and the application is a delaying tactic.

Parties
Applicant: Lukas and Another; Respondent: Maltin and Others
Jurisdiction
England and Wales
Judgment Date
11 August 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Share Transfer, Pre Emption Rights, Unfair Prejudice, Extension of Time, Procedural Default
Company Law Civil Procedure Share Transfer Pre Emption Rights Unfair Prejudice Extension of Time Procedural Default

Case Brief

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Parties

Lukas and Another

Applicant

Maltin and Others

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicants were properly notified of the hearing date and deadlines for filing evidence
  2. 2 Whether the failure to file evidence was justified
  3. 3 Whether there were grounds for extending time to appeal

Ratio Decidendi

Applicants were present when the court set the hearing date and deadlines; their claim of lack of notification is without merit. There is no prospect of a successful appeal, and the application is a delaying tactic.

Court Disposition

application dismissed

Orders

  • Application for permission to appeal dismissed
  • Extension of time granted but no permission to appeal