Chu v Price

Chu v Price

The respondent held himself out as Michael Yee Cam Chu, signed the relevant documents, admitted liability, and made offers of settlement. There was no credible evidence of another person with that name at the relevant address. The district judge was entitled to amend the bankruptcy order to include the aliases, and the High Court judge erred in dismissing the trustee's application.

Parties
Appellant/respondent: Michael Yee Fun Chu; Respondent/appellant: Alan Price (as Trustee in Bankruptcy)
Jurisdiction
England and Wales
Judgment Date
06 October 2003
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Amendment of Bankruptcy Orders, Use of Aliases in Bankruptcy, Identity of Debtor, Correction of Party Names, Summary Judgment
Insolvency Bankruptcy Civil Procedure Amendment of Bankruptcy Orders Use of Aliases in Bankruptcy Identity of Debtor Correction of Party Names Summary Judgment

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Parties

Michael Yee Fun Chu

Appellant/respondent

Alan Price (as Trustee in Bankruptcy)

Respondent/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the bankruptcy order should be amended to add aliases to the debtor's name
  2. 2 Whether the respondent held himself out as the person named in the bankruptcy order
  3. 3 Whether there was a real prospect of a successful defence based on identity

Ratio Decidendi

The respondent held himself out as Michael Yee Cam Chu, signed the relevant documents, admitted liability, and made offers of settlement. There was no credible evidence of another person with that name at the relevant address. The district judge was entitled to amend the bankruptcy order to include the aliases, and the High Court judge erred in dismissing the trustee's application.

Court Disposition

Appeal allowed

Orders

  • Bankruptcy order to be amended to include the aliases of the respondent
  • Costs awarded to the appellant (trustee) here and below