Donaldson v O'Sullivan [2008] EWCA Civ 879 (30 July 2008)

Donaldson v O'Sullivan [2008] EWCA Civ 879 (30 July 2008)

The court has jurisdiction under section 303(2) of the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy upon removal of the previous trustee, and this jurisdiction is not precluded by the express provisions of sections 292 and 297. The practice of block transfer orders is lawful and within the court's powers.

Citation
[2008] EWCA Civ 879
Parties
Applicant / Appellant: Angela Mary Donaldson; Respondent: Jeremiah Anthony O'Sullivan; Intervener: The Official Receiver
Jurisdiction
England and Wales
Judgment Date
30 July 2008
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (chancery Division)
Outcome
Appeal dismissed
Legal Topics
Block Transfer Orders, Appointment and Removal of Trustees in Bankruptcy, Court's Jurisdiction Under Insolvency Act 1986, Interpretation of Statutory Powers, Practice Direction: Insolvency Proceedings
Insolvency Law Bankruptcy Block Transfer Orders Appointment and Removal of Trustees in Bankruptcy Court's Jurisdiction Under Insolvency Act 1986 Interpretation of Statutory Powers Practice Direction: Insolvency Proceedings

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Parties

Angela Mary Donaldson

Applicant / Appellant

Jeremiah Anthony O'Sullivan

Respondent

The Official Receiver

Intervener

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Does the court have jurisdiction to appoint a replacement trustee in bankruptcy upon removal of the previous trustee under the Insolvency Act 1986?
  2. 2 Is the power to appoint a new trustee limited to the express statutory provisions or does a broader jurisdiction exist under section 303(2) or section 363(1)?

Ratio Decidendi

The court has jurisdiction under section 303(2) of the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy upon removal of the previous trustee, and this jurisdiction is not precluded by the express provisions of sections 292 and 297. The practice of block transfer orders is lawful and within the court's powers.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the court's jurisdiction to appoint a replacement trustee in bankruptcy under section 303(2) is affirmed.