Malialis v Malialis

Malialis v Malialis

The appeal was allowed only to the extent of correcting drafting errors in the order that were unduly favourable to the wife; the judge's substantive exercise of discretion was not flawed by the delay or her approach to costs.

Parties
Appellant: Malialis; Respondent: Malialis
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Family/ancillary Relief Appeal / Appeal Judgment
Outcome
Appeal allowed in part; order revised
Legal Topics
Ancillary Relief, Delay in Judgment, Costs Orders, Judicial Discretion
Family Law Ancillary Relief Delay in Judgment Costs Orders Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Malialis

Appellant

Malialis

Respondent

Procedural Posture

Family/ancillary Relief Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the delay in judgment delivery affected the fairness of the outcome
  2. 2 Whether the judge erred in the division of assets and drafting of the order
  3. 3 Whether the costs order against the appellant was justified

Ratio Decidendi

The appeal was allowed only to the extent of correcting drafting errors in the order that were unduly favourable to the wife; the judge's substantive exercise of discretion was not flawed by the delay or her approach to costs.

Court Disposition

Appeal allowed in part; order revised

Orders

  • Permission to appeal granted
  • Order below revised to correct drafting errors as specified in the judgment