Gate Gourmet Luxembourg IV Sarl & Anor v Morby

Gate Gourmet Luxembourg IV Sarl & Anor v Morby

The court has jurisdiction as the petition was presented when the respondent was present in England; personal service was effected or, alternatively, any defect or irregularity in service is waived under Rule 7.55 IR 1986; the petition complies with section 269 IA 1986 regarding security; the debt remains unpaid and a bankruptcy order is warranted.

Parties
Petitioner: Gate Gourmet Luxembourg IV SARL; Petitioner: Specialist Airport Services Limited; Respondent: Gary Kenneth Morby
Jurisdiction
England and Wales
Judgment Date
07 May 2015
Procedural Posture
Bankruptcy Petition / Final Hearing
Outcome
bankruptcy order granted
Legal Topics
Jurisdiction, Service of Process, Secured Debt, Statutory Demand, Domicile, Business Activity, Curative Provisions
Insolvency Bankruptcy Jurisdiction Service of Process Secured Debt Statutory Demand Domicile Business Activity +1 more

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Parties

Gate Gourmet Luxembourg IV SARL

Petitioner

Specialist Airport Services Limited

Petitioner

Gary Kenneth Morby

Respondent

Procedural Posture

Bankruptcy Petition / Final Hearing

Legal Issues

  1. 1 Whether the court has jurisdiction under section 265 of the Insolvency Act 1986
  2. 2 Whether personal service of the bankruptcy petition was effected
  3. 3 Whether any defect or irregularity in service can be waived under Rule 7.55 of the Insolvency Rules 1986

Ratio Decidendi

The court has jurisdiction as the petition was presented when the respondent was present in England; personal service was effected or, alternatively, any defect or irregularity in service is waived under Rule 7.55 IR 1986; the petition complies with section 269 IA 1986 regarding security; the debt remains unpaid and a bankruptcy order is warranted.

Court Disposition

bankruptcy order granted

Orders

  • Bankruptcy order made against Gary Kenneth Morby as of the date of judgment