Bukhari v Pow Trust & Ors

Bukhari v Pow Trust & Ors

The CRO must be reinstated because the discharge was obtained by misleading the court, omitting material facts about prior applications found totally without merit, and failing to serve proper notice to the Applicant. The Respondents' applications were repeatedly found to be totally without merit, satisfying the requirements for a CRO under Practice Direction 3C.

Parties
Applicant: Sayed Bukhari; Respondent: POW Trust; Respondent: Peter Sainsbury; Respondent: John McVicar; Respondent: Angelo Silva
Jurisdiction
England and Wales
Judgment Date
16 January 2009
Procedural Posture
Civil / Application to Reinstate Civil Restraint Order
Outcome
Civil Restraint Order reinstated
Legal Topics
Civil Restraint Orders, Possession Proceedings, Abuse of Process, Court Orders, Practice Direction 3 C
Civil Procedure Civil Restraint Orders Possession Proceedings Abuse of Process Court Orders Practice Direction 3 C

Case Brief

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Parties

Sayed Bukhari

Applicant

POW Trust

Respondent

Peter Sainsbury

Respondent

John McVicar

Respondent

Angelo Silva

Respondent

Procedural Posture

Civil / Application to Reinstate Civil Restraint Order

Legal Issues

  1. 1 Whether the Civil Restraint Order (CRO) should be reinstated
  2. 2 Whether previous applications were totally without merit
  3. 3 Whether the court was misled in setting aside the CRO

Ratio Decidendi

The CRO must be reinstated because the discharge was obtained by misleading the court, omitting material facts about prior applications found totally without merit, and failing to serve proper notice to the Applicant. The Respondents' applications were repeatedly found to be totally without merit, satisfying the requirements for a CRO under Practice Direction 3C.

Court Disposition

Civil Restraint Order reinstated

Orders

  • The Civil Restraint Order (CRO) is reinstated against POW Trust, Peter Sainsbury, John McVicar, and Angelo Silva.
  • Applications by Mr Sainsbury (for POW Trust) to discharge the CRO are declared totally without merit.