Re Sutton

Insolvency – Creditor's petition. A third party had assigned the debtor's debt to the petitioner, who had compromised the debt pursuant to a settlement agreement. The High Court had made an order for change of carriage of the petition to the second applicant. In dismissing the second applicant's bankruptcy petition brought against the debtor, the Bankruptcy Division of the High Court held that the agreement was enforceable and its effect was to extinguish the petition debt such that there was no petition debt of which the second applicant could have had carriage.

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