Sands & Anor v Singh & Ors [2015] EWHC 2219 (Ch) (01 June 2015)

Sands & Anor v Singh & Ors [2015] EWHC 2219 (Ch) (01 June 2015)

Trustees complied with s. 283A(3) by lodging the application notice and tendering the fee to the court within the three-year period; the statutory requirement is satisfied by the act of applying, not by the court's issuance.

Source-derived case information.

Citation
[2015] EWHC 2219 (Ch)
Parties
Applicant: Mark Sands; Applicant: Andrew Appleyard; Respondent: Tarlochan Singh; Respondent: Chanan Singh Thandi; Respondent: Susan Kaur; Respondent: Ramandeep Kaur; Respondent: JK (A Child); Respondent: KK (A Child)
Jurisdiction
England and Wales
Judgment Date
01 June 2015
Procedural Posture
Bankruptcy Preliminary Issue / Trial of Preliminary Issue
Outcome
Trustees applied in time; preliminary issue decided in favour of applicants.
Legal Topics
Trustee Application Timing, Loss of Proprietary Rights, Section 283 a Insolvency Act
Insolvency Bankruptcy Trustee Application Timing Loss of Proprietary Rights Section 283 a Insolvency Act

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Parties

Mark Sands

Applicant

Andrew Appleyard

Applicant

Tarlochan Singh

Respondent

Chanan Singh Thandi

Respondent

Susan Kaur

Respondent

Ramandeep Kaur

Respondent

JK (A Child)

Respondent

KK (A Child)

Respondent

Procedural Posture

Bankruptcy Preliminary Issue / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether trustees in bankruptcy applied for orders for possession and sale within the three-year period under s. 283A(3) Insolvency Act 1986
  2. 2 Whether delivery of application notice and fee to court constitutes 'applying' under s. 283A(3)

Ratio Decidendi

Trustees complied with s. 283A(3) by lodging the application notice and tendering the fee to the court within the three-year period; the statutory requirement is satisfied by the act of applying, not by the court's issuance.

Court Disposition

Trustees applied in time; preliminary issue decided in favour of applicants.

Orders

  • Trustees retain rights to the property under s. 283A Insolvency Act 1986