SABZ ALI KHAN v STEPHEN JOHN HUNT As Trustee In Bankruptcy Of ABDUL REZA PAKZAD

SABZ ALI KHAN v STEPHEN JOHN HUNT As Trustee In Bankruptcy Of ABDUL REZA PAKZAD

The applications to set aside the DCC had already been dismissed by competent judges, and appeals or further applications were either refused or not pursued. The orders were valid and binding, and the bankruptcy order was properly made based on the DCC. There was no jurisdictional defect, and the making of the limited civil restraint order was within the judge's discretion.

Parties
Appellant/defendant: Sabz Ali Khan; Respondent/claimant: Stephen John Hunt as Trustee in Bankruptcy of Abdul Reza Pakzad
Jurisdiction
England and Wales
Judgment Date
24 May 2022
Procedural Posture
Civil Appeal / Renewed Oral Application for Permission to Appeal
Outcome
Permission to appeal refused; applications dismissed
Legal Topics
Default Costs Certificate, Res Judicata, Civil Restraint Orders, Jurisdiction, Detailed Assessment of Costs
Bankruptcy Civil Procedure Default Costs Certificate Res Judicata Civil Restraint Orders Jurisdiction Detailed Assessment of Costs

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Parties

Sabz Ali Khan

Appellant/defendant

Stephen John Hunt as Trustee in Bankruptcy of Abdul Reza Pakzad

Respondent/claimant

Procedural Posture

Civil Appeal / Renewed Oral Application for Permission to Appeal

Legal Issues

  1. 1 Whether the orders refusing to set aside the Default Costs Certificate (DCC) were void or improperly made
  2. 2 Whether the bankruptcy order should be annulled based on the status of the DCC
  3. 3 Whether the judge had jurisdiction to hear the applications

Ratio Decidendi

The applications to set aside the DCC had already been dismissed by competent judges, and appeals or further applications were either refused or not pursued. The orders were valid and binding, and the bankruptcy order was properly made based on the DCC. There was no jurisdictional defect, and the making of the limited civil restraint order was within the judge's discretion.

Court Disposition

Permission to appeal refused; applications dismissed

Orders

  • Mr Khan's applications for permission to appeal the order of DDJ Regan and the order of DJ Morgan are dismissed