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Bankruptcy order annulled following appeal against dismissal of application and refusal to adjourn hearing on uncontested medical grounds.

  • The bankrupt first applied to annul his bankruptcy order during protracted bankruptcy proceedings in the county court.
  • He then requested an adjournment of the hearing of his application on medical grounds.
  • However, the adjournment was refused despite the Official Receiver (OR) consenting and the annulment application was dismissed by the court.
  • The bankrupt appealed to the High Court and providing no costs were sought against them, the OR and the petitioner both remained neutral on the bankrupt’s appeal.
  • The High Court highlighted that while medical evidence may not sustain a request for an adjournment, as it was uncontested, in this case it could.
  • Alongside this, the bankrupt’s request for an adjournment had not been raised with the petitioner at the hearing, therefore suggesting that something had gone wrong.
  • Due to this, permission to appeal the refusal to adjourn was allowed.
  • After this, the High Court considered the bankrupt’s substantive application which had been brought on grounds that at the time it ought not to have been made.
  • The reviewed evidence held that the prospect that the petitioner would be paid within a reasonable time was reasonable.
  • As such evidence existed, this therefore gave the High Court grounds to annul and that the proper application of principles justified a conditional annulment order.
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Georgina is a solicitor with nearly 30 years of experience in advising substantial businesses on complex legal issues and providing strategic and commercial solutions.