8 Jun 2007
SHAON LAL HIRANAND AND OTHERS v. PADMA HARI HARILELA AND ANOTHER
- Citation
- SHAON LAL HIRANAND AND OTHERS v. PADMA HARI HARILELA AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV403/2005
The Court dismissed the defendants' appeal and upheld the deputy judge's grant of leave to amend because the amended claim raised an arguable case that the father intended the payment to the aunt as a trust for the children that might give the children contingent beneficial interests (Denley principle); the earlier statutory demand appeal did not create issue estoppel because it ruled only that the children lacked an immediate right to call for the capital, not that a trust in their favour could never arise; accordingly striking out the amended claim was inappropriate.