Judith Susan Portrait & Anor (as Trustees of the Gatsby Charitable Foundation) v Khadijeh Minai

Judith Susan Portrait & Anor (as Trustees of the Gatsby Charitable Foundation) v Khadijeh Minai

The petitioners failed to prove that the debtor's COMI or place of residence was in England and Wales as at the date of the petition; the evidence showed the debtor's habitual residence and main interests were in Ukraine, and properties in England were not used as places of residence.

Parties
Petitioner: Judith Susan Portrait; Petitioner: Joseph Christopher Burns; Respondent: Khadijeh Minai
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Bankruptcy Petition / Trial Judgment
Outcome
petition dismissed
Legal Topics
Centre of Main Interests (comi), Place of Residence, Jurisdiction, Statutory Demand, Service of Process
Insolvency Bankruptcy Centre of Main Interests (comi) Place of Residence Jurisdiction Statutory Demand Service of Process

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Parties

Judith Susan Portrait

Petitioner

Joseph Christopher Burns

Petitioner

Khadijeh Minai

Respondent

Procedural Posture

Bankruptcy Petition / Trial Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to make a bankruptcy order against the debtor under s.265 of the Insolvency Act 1986
  2. 2 Whether the debtor's centre of main interests (COMI) was in England and Wales as at the date of the petition
  3. 3 Whether the debtor had a place of residence in England and Wales within the relevant statutory period

Ratio Decidendi

The petitioners failed to prove that the debtor's COMI or place of residence was in England and Wales as at the date of the petition; the evidence showed the debtor's habitual residence and main interests were in Ukraine, and properties in England were not used as places of residence.

Court Disposition

petition dismissed

Orders

  • The bankruptcy petition is dismissed.