SIDDIQUI v SIDDIQUI [2019] NZHC 157

SIDDIQUI v SIDDIQUI [2019] NZHC 157

The Court required the defendants to amend and clarify pleaded particulars where necessary to give fair notice: (1) confirm Ashish signed the sale and purchase agreement; (2) move particulars at paragraph 24 into paragraph 23 and plead the timing and who made the alleged offer; and (3) provide particulars as to timing and participants for discussions pleaded at paragraph 32(c). Issues 2, 6, 7 and 8 were resolved by consent. Some requested particulars were unnecessary or incapable of being provided due to lapse of time. Costs awarded to plaintiffs on scale 2B less 25%.

Citation
[2019] NZHC 157
Parties
Plaintiff/counterclaim Defendant: Amin Azhar Siddiqui; Plaintiff/counterclaim Defendant: Usha Amin Siddiqui; Defendant/counterclaim Plaintiff: Ashish Siddiqui; Defendant/counterclaim Plaintiff: Yashika Siddiqui
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 February 2019
Procedural Posture
Trust and Property Dispute (civil) / Interlocutory Application for Particulars of Defence
Outcome
Application for particulars partially granted and partially resolved by consent; defendants ordered to amend pleadings as directed; costs awarded to plaintiffs with reduction.
Legal Topics
Particulars of Defence, Constructive Trust, Land Transfer Fraud, Pleadings, Costs
Trusts Property Law Equity Civil Procedure Particulars of Defence Constructive Trust Land Transfer Fraud Pleadings +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Amin Azhar Siddiqui

Plaintiff/counterclaim Defendant

Usha Amin Siddiqui

Plaintiff/counterclaim Defendant

Ashish Siddiqui

Defendant/counterclaim Plaintiff

Yashika Siddiqui

Defendant/counterclaim Plaintiff

Procedural Posture

Trust and Property Dispute (civil) / Interlocutory Application for Particulars of Defence

Legal Issues

  1. 1 Whether particulars are required for alleged failed finance applications and related dates/recipients
  2. 2 Whether particulars are required identifying who signed the sale and purchase agreement and who was present
  3. 3 Whether particulars are required describing the alleged verbal agreement for purchase and occupation and its terms

Ratio Decidendi

The Court required the defendants to amend and clarify pleaded particulars where necessary to give fair notice: (1) confirm Ashish signed the sale and purchase agreement; (2) move particulars at paragraph 24 into paragraph 23 and plead the timing and who made the alleged offer; and (3) provide particulars as to timing and participants for discussions pleaded at paragraph 32(c). Issues 2, 6, 7 and 8 were resolved by consent. Some requested particulars were unnecessary or incapable of being provided due to lapse of time. Costs awarded to plaintiffs on scale 2B less 25%.

Court Disposition

Application for particulars partially granted and partially resolved by consent; defendants ordered to amend pleadings as directed; costs awarded to plaintiffs with reduction.

Orders

  • Defendants to amend pleadings to confirm Ashish signed the sale and purchase agreement
  • Particulars pleaded at paragraph 24 to be incorporated into paragraph 23 and amended to plead who made the offer and its timing