Yang v The Official Receiver

Yang v The Official Receiver

The statutory demand was properly served at the appellant’s last known residential address, and the subsequent setting aside of the liability orders was not a ground existing at the time the bankruptcy order was made. Therefore, the bankruptcy order could not be annulled under section 282(1)(a) of the Insolvency Act 1986, but only rescinded. The costs decisions below were not consequential on the distinction between rescission and annulment and should not be disturbed.

Parties
Appellant: Jenny Yang; First Respondent: The Official Receiver; Second Respondent: Manchester City Council; Third Respondent: Joanne Sara Wright
Jurisdiction
England and Wales
Judgment Date
10 October 2017
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Annulment of Bankruptcy Order, Rescission of Bankruptcy Order, Service of Statutory Demand, Council Tax Liability Orders, Costs in Insolvency Proceedings
Insolvency Law Civil Procedure Annulment of Bankruptcy Order Rescission of Bankruptcy Order Service of Statutory Demand Council Tax Liability Orders Costs in Insolvency Proceedings

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Parties

Jenny Yang

Appellant

The Official Receiver

First Respondent

Manchester City Council

Second Respondent

Joanne Sara Wright

Third Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the statutory demand was properly served on the appellant
  2. 2 Whether the bankruptcy order should be annulled or rescinded following the subsequent setting aside of the liability orders
  3. 3 Whether the costs decisions below should be revisited if the appellant succeeded

Ratio Decidendi

The statutory demand was properly served at the appellant’s last known residential address, and the subsequent setting aside of the liability orders was not a ground existing at the time the bankruptcy order was made. Therefore, the bankruptcy order could not be annulled under section 282(1)(a) of the Insolvency Act 1986, but only rescinded. The costs decisions below were not consequential on the distinction between rescission and annulment and should not be disturbed.

Court Disposition

Appeal dismissed