Southall Properties Ltd v Marya [2002] EWCA Civ 326 (1 March 2002)

No new grounds were raised by Mr Marya to justify reopening the bankruptcy order; the judge exercised proper judicial discretion in refusing permission to appeal.

Citation: [2002] EWCA Civ 326
Parties: Claimant/respondent: Southall Properties Limited; Defendant/applicant: M K Marya
Jurisdiction: England and Wales
Judgment Date: 01 March 2002
Procedural Posture: Civil Appeal / Application for Permission to Appeal
Outcome: Application refused
Legal Topics: Bankruptcy Order, Rescission of Bankruptcy, Restraining Orders, Repeated Litigation

Insolvency Bankruptcy Bankruptcy Order Rescission of Bankruptcy Restraining Orders Repeated Litigation

Case Brief

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Parties

Southall Properties Limited

Claimant/respondent

M K Marya

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

1 Whether permission should be granted to appeal the dismissal of an application for rescission of a bankruptcy order
2 Whether any new grounds exist for reopening the bankruptcy order

Ratio Decidendi

No new grounds were raised by Mr Marya to justify reopening the bankruptcy order; the judge exercised proper judicial discretion in refusing permission to appeal.

Court Disposition

Application refused

Orders

Application for permission to appeal dismissed