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Bankruptcy – Insolvency. The claimant company served a statutory demand on the defendant. A judge dismissed the defendant's application to set aside the statutory demand and for an extension of time to adduce a supplemental expert reports. The claimant presented a bankruptcy petition against the defendant. It appealed against orders by a Chief Registrar, adjourning the bankruptcy petition and making directions on the defendant's application to rescind or vary orders of the judge. The Chancery Division, in allowing the appeal, held that s 375(1) of the Insolvency Act 1986 gave the court jurisdiction to review, vary or rescind the appellate orders of the judge. However, on the requirements imposed on the defendant by r 6.5(4)(c), the application under s 375(1) of the Act failed on the merits and was dismissed and the bankruptcy order was made.
Bankruptcy – Insolvency. The claimant company served a statutory demand on the defendant. A judge dismissed the defendant's application to set aside the statutory demand and for an extension of time to adduce a supplemental expert reports. The claimant presented a bankruptcy petition against the defendant. It appealed against orders by a Chief Registrar, adjourning the bankruptcy petition and making directions on the defendant's application to rescind or vary orders of the judge. The Chancery Division, in allowing the appeal, held that s 375(1) of the Insolvency Act 1986 gave the court jurisdiction to review, vary or rescind the appellate orders of the judge. However, on the requirements imposed on the defendant by r 6.5(4)(c), the application under s 375(1) of the Act failed on the merits and was dismissed and the bankruptcy order was made.
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