Oraki v Hall [2019] EWHC 1515 (Ch) (19 July 2019)

Oraki v Hall [2019] EWHC 1515 (Ch) (19 July 2019)

The ex parte suspension order was obtained by material non-disclosure of the fact that proper notice of the writ of possession had been given to the Orakis, and the requirements of CPR 83.13(8) were satisfied. The Orakis' further grounds for suspension or rescission of the writ and possession order were speculative, repetitive of previously determined issues, or unsupported by evidence. There was no proper basis to suspend enforcement pending assessment of trustee's remuneration or resolution of speculative claims. The trustee was entitled to enforce the possession order and writ of possession.

Citation
[2019] EWHC 1515 (Ch)
Parties
Applicant/respondent: Sheida Oraki; Applicant/respondent: Ardeshir Oraki; Respondent/applicant: Michaela Joy Hall; Applicant: Mr Parast
Jurisdiction
England and Wales
Judgment Date
19 July 2019
Procedural Posture
Insolvency Proceedings / Applications in Bankruptcy / Hearing of Multiple Applications: Suspension of Writ of Possession, Discharge of Ex Parte Order, Review/variation of Possession Order, and Related Reliefs
Outcome
Applications by the Orakis dismissed; application by the trustee (Ms Hall) to discharge the suspension order and enforce the writ of possession granted.
Legal Topics
Bankruptcy Trustee's Powers, Possession Orders, Suspension of Writ of Possession, Material Non Disclosure, Notice Requirements Under CPR 83.13(8), Assessment of Trustee's Remuneration, Beneficial Ownership Claims, Abuse of Process, Costs in Bankruptcy, Annulment and Discharge of Bankruptcy
Insolvency Civil Procedure Property Law Bankruptcy Trustee's Powers Possession Orders Suspension of Writ of Possession Material Non Disclosure Notice Requirements Under CPR 83.13(8) +5 more

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Parties

Sheida Oraki

Applicant/respondent

Ardeshir Oraki

Applicant/respondent

Michaela Joy Hall

Respondent/applicant

Mr Parast

Applicant

Procedural Posture

Insolvency Proceedings / Applications in Bankruptcy / Hearing of Multiple Applications: Suspension of Writ of Possession, Discharge of Ex Parte Order, Review/variation of Possession Order, and Related Reliefs

Legal Issues

  1. 1 Whether the writ of possession should be suspended or revoked
  2. 2 Whether there was material non-disclosure justifying discharge of the ex parte suspension order
  3. 3 Whether proper notice was given under CPR 83.13(8)

Ratio Decidendi

The ex parte suspension order was obtained by material non-disclosure of the fact that proper notice of the writ of possession had been given to the Orakis, and the requirements of CPR 83.13(8) were satisfied. The Orakis' further grounds for suspension or rescission of the writ and possession order were speculative, repetitive of previously determined issues, or unsupported by evidence. There was no proper basis to suspend enforcement pending assessment of trustee's remuneration or resolution of speculative claims. The trustee was entitled to enforce the possession order and writ of possession.

Court Disposition

Applications by the Orakis dismissed; application by the trustee (Ms Hall) to discharge the suspension order and enforce the writ of possession granted.

Orders

  • Order of Barling J suspending the writ of possession discharged.
  • Suspension of writ of possession lifted; writ of possession to be enforced.