Donaldson v O'Sullivan

Donaldson v O'Sullivan

The court has jurisdiction under section 303(2) of the Insolvency Act 1986 to appoint a new trustee in bankruptcy upon removal of the previous trustee under section 298, and this power is not excluded by the express provisions of sections 292 and 297. The appeal is dismissed.

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
Civil Appeal (bankruptcy) / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Block Transfer Orders, Removal and Appointment of Trustees in Bankruptcy, Court Powers Under Insolvency Act 1986
Insolvency Law Bankruptcy Block Transfer Orders Removal and Appointment of Trustees in Bankruptcy Court Powers Under Insolvency Act 1986

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Parties

Angela Mary Donaldson

Applicant/appellant

Jeremiah Anthony O’Sullivan

Respondent

The Official Receiver

Intervener

Procedural Posture

Civil Appeal (bankruptcy) / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Does the court have jurisdiction to appoint a new trustee in bankruptcy upon removal of the previous trustee under the Insolvency Act 1986?
  2. 2 Is the power to appoint a replacement trustee limited to express statutory provisions or does a general power 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 new trustee in bankruptcy upon removal of the previous trustee under section 298, and this power is not excluded by the express provisions of sections 292 and 297. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.