Canty & Anor, Trustees Of Estate Of v Canty & Anor [2002] EWCA Civ 1061 (10 July 2002)

Canty & Anor, Trustees Of Estate Of v Canty & Anor [2002] EWCA Civ 1061 (10 July 2002)

There was no substantive ground to challenge the bankruptcy orders as the costs orders were regular, unassessed costs could not be set off, and no procedural irregularity or breach by the trustee was established.

Citation
[2002] EWCA Civ 1061
Parties
Applicant/respondent: The Trustees of the Estates of RJ Canty and RG Canty; Respondent/applicant: Mr Richard John Canty; Respondent/applicant: Mrs Rita Grace Canty
Jurisdiction
England and Wales
Judgment Date
10 July 2002
Procedural Posture
Bankruptcy Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Bankruptcy Orders, Costs Orders, Annulment of Bankruptcy, Possession Proceedings, Set Off in Insolvency
Insolvency Civil Procedure Bankruptcy Orders Costs Orders Annulment of Bankruptcy Possession Proceedings Set Off in Insolvency

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Parties

The Trustees of the Estates of RJ Canty and RG Canty

Applicant/respondent

Mr Richard John Canty

Respondent/applicant

Mrs Rita Grace Canty

Respondent/applicant

Procedural Posture

Bankruptcy Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the bankruptcy orders should be annulled
  2. 2 Whether costs orders underlying the bankruptcy were valid
  3. 3 Whether set-off of unassessed costs orders was required

Ratio Decidendi

There was no substantive ground to challenge the bankruptcy orders as the costs orders were regular, unassessed costs could not be set off, and no procedural irregularity or breach by the trustee was established.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal against the orders of Neuberger J dated 31 January and 12 February 2002 is refused