Khulood Abdulla Hassan Al Rostamani & Ors v Mohamed Hassan El Haddad

Khulood Abdulla Hassan Al Rostamani & Ors v Mohamed Hassan El Haddad

The debtor's alleged cross-claims were already adjudicated and rejected in the statutory demand proceedings, with no change of circumstance; claims are only against one petitioner and not all. The petition is not an abuse of process, as the petitioners seek collective enforcement and possible investigation of the debtor's assets and claims by a trustee. The debtor failed to prove the petitioners acted unreasonably regarding the Saudi land or that any offer was made to secure or compound the debt. The fraud allegations regarding the costs orders are wholly fanciful and have been repeatedly rejected by the courts. The requirements for a bankruptcy order are satisfied and no discretionary or...

Parties
Petitioner: Khulood Abdulla Hassan Al Rostamani; Petitioner: Hassan Abdulla Hassan Al Rostamani; Petitioner: Marwan Abdulla Hassan Al Rostamani; Petitioner: Wafa Abdulla Hassan Al Rostamani; Petitioner: Badreya Abdulla Hassan Al Rostamani; Petitioner: Hasna Abdulla Hassan Al Rostamani; Petitioner: Najla Abdulla Hassan Al Rostamani; Debtor: Mohamed Hassan El Haddad
Jurisdiction
England and Wales
Judgment Date
31 July 2025
Procedural Posture
Bankruptcy Petition / Final Hearing and Judgment
Outcome
Bankruptcy order granted against the debtor.
Legal Topics
Bankruptcy Orders, Costs Orders, Abuse of Process, Cross Claims, Fraud Allegations, Discretion of Court, Statutory Demand, Issue Estoppel
Insolvency Bankruptcy Civil Procedure Bankruptcy Orders Costs Orders Abuse of Process Cross Claims Fraud Allegations +3 more

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Parties

Khulood Abdulla Hassan Al Rostamani

Petitioner

Hassan Abdulla Hassan Al Rostamani

Petitioner

Marwan Abdulla Hassan Al Rostamani

Petitioner

Wafa Abdulla Hassan Al Rostamani

Petitioner

Badreya Abdulla Hassan Al Rostamani

Petitioner

Hasna Abdulla Hassan Al Rostamani

Petitioner

Najla Abdulla Hassan Al Rostamani

Petitioner

Mohamed Hassan El Haddad

Debtor

Procedural Posture

Bankruptcy Petition / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the debtor has a genuine cross-claim or counterclaim precluding a bankruptcy order
  2. 2 Whether the petition is an abuse of process or serves no useful purpose
  3. 3 Whether the petitioners acted unreasonably in refusing offers related to the debtor's assets

Ratio Decidendi

The debtor's alleged cross-claims were already adjudicated and rejected in the statutory demand proceedings, with no change of circumstance; claims are only against one petitioner and not all. The petition is not an abuse of process, as the petitioners seek collective enforcement and possible investigation of the debtor's assets and claims by a trustee. The debtor failed to prove the petitioners acted unreasonably regarding the Saudi land or that any offer was made to secure or compound the debt. The fraud allegations regarding the costs orders are wholly fanciful and have been repeatedly rejected by the courts. The requirements for a bankruptcy order are satisfied and no discretionary or...

Court Disposition

Bankruptcy order granted against the debtor.

Orders

  • Bankruptcy order made against Mohamed Hassan El Haddad.