Morby v Gate Gourmet Luxembourg IV Sarl and another

Bankruptcy – Petition. The Chancery Division, in dismissing the claimant's appeal against the grant of a bankruptcy order, held, among other things, that the registrar had been entitled for find that the claimant had been personally served with the petition of bankruptcy, as required by r 6.14 of the Insolvency Rules 1986 and as articulated in authority, notwithstanding that the process server had, in the presence of the claimant, handed it to a third party who had accompanied the claimant and who had thrown it in the bin. The claimant had been aware that the document was a petition seeking a bankruptcy order against him and the registrar had not made erroneous or unjustified findings of fact.

Category: