Hayes v Hayes

Hayes v Hayes

The Registrar was entitled to dismiss the bankruptcy petition because there was a genuine and substantial crossclaim by the respondent exceeding the petition debt, supported by evidence and legal advice, and new material justified reconsideration of the issue. The Registrar did not err in refusing cross-examination or in his approach to costs.

Parties
Appellant/petitioner: Carol Hayes; Respondent/debtor: Timothy Hayes
Jurisdiction
England and Wales
Judgment Date
12 June 2014
Procedural Posture
Bankruptcy Appeal / Appeal From Registrar's Order Dismissing Bankruptcy Petition
Outcome
Appeal dismissed
Legal Topics
Bankruptcy Petition, Crossclaim, Set Off, Costs, Practice and Procedure, Harassment Claim
Insolvency Bankruptcy Civil Procedure Bankruptcy Petition Crossclaim Set Off Costs Practice and Procedure +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 24 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Carol Hayes

Appellant/petitioner

Timothy Hayes

Respondent/debtor

Procedural Posture

Bankruptcy Appeal / Appeal From Registrar's Order Dismissing Bankruptcy Petition

Legal Issues

  1. 1 Whether the Registrar erred in dismissing the bankruptcy petition on the basis of a genuine and substantial crossclaim exceeding the petition debt
  2. 2 Whether cross-examination should have been permitted to test the genuineness of the crossclaim
  3. 3 Whether new material justified reconsideration of issues previously determined on a statutory demand application

Ratio Decidendi

The Registrar was entitled to dismiss the bankruptcy petition because there was a genuine and substantial crossclaim by the respondent exceeding the petition debt, supported by evidence and legal advice, and new material justified reconsideration of the issue. The Registrar did not err in refusing cross-examination or in his approach to costs.

Court Disposition

Appeal dismissed

Orders

  • Bankruptcy petition remains dismissed
  • Appellant to pay respondent's costs of the appeal on the standard basis, to be assessed if not agreed