Dr Tanal Mohamed Sabbah v Barbel Christa Abela

Dr Tanal Mohamed Sabbah v Barbel Christa Abela

The debtor did not abandon her place of residence in England and Wales as of 13 September 2019; she continued to use the London Properties as a place of residence, and her evidence of abandonment was not credible or supported by documentation. The debt under the personal guarantee is not disputed on substantial grounds, as the debtor's assertions were contradicted by contemporaneous documents and her own admissions.

Parties
Petitioning Creditor: Dr Tanal Mohamed Sabbah; Respondent/debtor: Barbel Christa Abela
Jurisdiction
England and Wales
Judgment Date
07 November 2024
Procedural Posture
Bankruptcy Petition / Judgment After Contested Hearing
Outcome
Petition allowed; bankruptcy jurisdiction established; debt not disputed on substantial grounds.
Legal Topics
Personal Guarantee, Jurisdiction Under Insolvency Act, Substantial Dispute of Debt, Place of Residence, Disclosure Orders
Insolvency Bankruptcy Personal Guarantee Jurisdiction Under Insolvency Act Substantial Dispute of Debt Place of Residence Disclosure Orders

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Parties

Dr Tanal Mohamed Sabbah

Petitioning Creditor

Barbel Christa Abela

Respondent/debtor

Procedural Posture

Bankruptcy Petition / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the debtor had a place of residence in England and Wales within three years prior to the petition under section 265(2)(b)(i) of the Insolvency Act 1986
  2. 2 Whether the debt under the personal guarantee is disputed on substantial grounds

Ratio Decidendi

The debtor did not abandon her place of residence in England and Wales as of 13 September 2019; she continued to use the London Properties as a place of residence, and her evidence of abandonment was not credible or supported by documentation. The debt under the personal guarantee is not disputed on substantial grounds, as the debtor's assertions were contradicted by contemporaneous documents and her own admissions.

Court Disposition

Petition allowed; bankruptcy jurisdiction established; debt not disputed on substantial grounds.

Orders

  • Bankruptcy petition proceeds against the debtor.
  • Debtor to pay petitioner's costs of the disclosure application in the sum of £24,000.