The High Court has dismissed an appeal against a bankruptcy order on the grounds of alleged procedural failings.
In a contested bankruptcy petition where an expedited final hearing would take place, the Court held that it was open to a first instance judge to decide at a directions hearing whether directions were required to list the petition. The Court also held that the judge was not required to refer directly to arguments set out in a skeleton argument, if those arguments were set out elsewhere in other documents (to which the judge had referred).
The case also serves as a reminder that an argument used unsuccessfully to try to see off a statutory demand, cannot be reused at the later hearing of the petition.
David Warner represented the petitioner and first respondent.
The full judgment can be found here.
David has authored the Lexis Nexis case analysis on this matter, published by Lexis®PSL.