Sartipy v Tigris Industries Inc

Sartipy v Tigris Industries Inc

The claimant's proceedings were an abuse of process, repeating allegations already dismissed as meritless and based on forged documents. The default judgment was set aside due to deliberate failure to serve the defendant properly. The claimant, through her son, persistently issued meritless claims, justifying an Extended Civil Restraint Order.

Parties
Claimant: Ghassemian Hamila Sartipy (aka Hamila Sartipy); Defendant: Tigris Industries Inc.
Jurisdiction
England and Wales
Judgment Date
18 December 2017
Procedural Posture
Civil / Application to Set Aside Default Judgment, Strike Out Claim, Summary Judgment, and Extended Civil Restraint Order
Outcome
Claim dismissed; summary judgment for defendant; Extended Civil Restraint Order granted against claimant; default judgment set aside.
Legal Topics
Abuse of Process, Adverse Possession, Civil Restraint Orders, Summary Judgment, Service of Process
Civil Procedure Property Law Abuse of Process Adverse Possession Civil Restraint Orders Summary Judgment Service of Process

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Parties

Ghassemian Hamila Sartipy (aka Hamila Sartipy)

Claimant

Tigris Industries Inc.

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment, Strike Out Claim, Summary Judgment, and Extended Civil Restraint Order

Legal Issues

  1. 1 Whether the default judgment should be set aside due to improper service
  2. 2 Whether the claim should be struck out or summary judgment entered for the defendant as an abuse of process
  3. 3 Whether an Extended Civil Restraint Order should be made against the claimant

Ratio Decidendi

The claimant's proceedings were an abuse of process, repeating allegations already dismissed as meritless and based on forged documents. The default judgment was set aside due to deliberate failure to serve the defendant properly. The claimant, through her son, persistently issued meritless claims, justifying an Extended Civil Restraint Order.

Court Disposition

Claim dismissed; summary judgment for defendant; Extended Civil Restraint Order granted against claimant; default judgment set aside.

Orders

  • Order of Garnham J dated 25 July 2017 set aside
  • Claim struck out or summary judgment entered for defendant