Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable

Bankruptcy – Trustee in bankruptcy. A district judge had failed properly to consider the alternative of a shorter period of suspension on the sale and possession of a house in which the bankrupt had a 50% interest, and which she shared with her husband (who was in his 60s and had a health condition). The district judge had ordered that the sale of the property be postponed until the death of, or earlier permanent vacation of the property by, the husband, with a parallel postponement of the order for possession. However, there was no evidence which justified the district judge's conclusion and findings and, taking the evidence as a whole, it did not pass the threshold necessary to justify a postponement of the length which the district judge had ordered. Accordingly, the district judge's decision could not stand. The Companies Court so ruled in allowing an appeal by the trustees in bankruptcy of the wife, who sought to enforce the orders for possession and sale that had been granted. The court ruled that those orders would be postponed until 12 months.

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