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1944 Supreme(SC) 3

Vassiliades – Appellant
Versus
Vassiliades and another – Respondent


Advocates Appeared:
Bischoff and Co., Hill, Carter, Tompkins, Cain, Colin Pearson, S.N. Bernstein, Richard O’Sullivan

Lord Wright:-

The two main issues in the appeal are: (1) whether the District Court and the Supreme Court were right in upholding the present respondents' claim that certain transfers and mortgages should be set aside (2) whether there were circumstances in the conduct of the trial before the District Court which entitle the appellant to object that the case had not been fairly tried. If the appellant were to succeed in whole or in part on the former issue, she would be entitled to judgment to that extent on the application. If she were to succeed on the latter issue, she would be entitled to an order for a new trial. The transfers and mortgages in question were granted to the appellant by her father Hadji Nicolas Vassiliades, who was adjudicated bankrupt on a petition filed by the appellant in September 1930. His trustee in bankruptcy was substituted for him in the proceedings, and is now respondent 2. Respondent 1, Artemis N. Vassiliades, a son of the bankrupt and a brother of the appellant, had obtained two judgments against his father, one dated 10th June 1937 for £200 with interest and costs on two bonds, in an action commenced on 7th November 1935, the other dated 25th June 19



















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