Brister v Official Receiver and others

Bankruptcy – Annulment. The applicant was the personal representative of the deceased's estate and he applied to annul a bankruptcy order that had been made after death. The County Court judge allowed the application. Had the evidence regarding the elderly deceased's mental health and physical difficulties been placed before the judge who had made the order, that order would not have been made. The failure by the petitioning creditor to provide that very relevant and important information had been of such a serious nature that the order would not be allowed to stand.

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