Sartipy v Tigris Industries Inc [2017] EWHC 3596 (Ch) (18 December 2017)

Sartipy v Tigris Industries Inc [2017] EWHC 3596 (Ch) (18 December 2017)

The default judgment was set aside because the claimant deliberately failed to serve the defendant at its proper address or on its solicitors, rendering the judgment improperly obtained. The claim was struck out and summary judgment entered for the defendant because the proceedings were a repeat of previously...

Source-derived case information.

Citation
[2017] EWHC 3596 (Ch)
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
Application granted. Default judgment set aside. Claim struck out/summary judgment for defendant. Extended Civil Restraint Order made against claimant.
Legal Topics
Abuse of Process, Adverse Possession, Fraud on the Court, Civil Restraint Orders, Summary Judgment, Service of Process
Civil Procedure Property Law Abuse of Process Adverse Possession Fraud on the Court Civil Restraint Orders Summary Judgment Service of Process

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 for improper service
  2. 2 Whether the claim should be struck out or summary judgment entered for abuse of process
  3. 3 Whether an Extended Civil Restraint Order should be made against the claimant

Ratio Decidendi

The default judgment was set aside because the claimant deliberately failed to serve the defendant at its proper address or on its solicitors, rendering the judgment improperly obtained. The claim was struck out and summary judgment entered for the defendant because the proceedings were a repeat of previously dismissed claims, amounting to an abuse of process. An Extended Civil Restraint Order was granted against the claimant due to persistent, totally without merit applications, often orchestrated by her son as the real party behind the litigation.

Court Disposition

Application granted. Default judgment set aside. Claim struck out/summary judgment for defendant. Extended Civil Restraint Order made against claimant.

Orders

  • Order setting aside the order of Garnham J dated 25 July 2017
  • Order striking out the claim or entering summary judgment for the defendant