Dadourian Group International Inc & Ors v Simms & Ors [2008] EWHC 723 (Ch) (10 April 2008)

Dadourian Group International Inc & Ors v Simms & Ors [2008] EWHC 723 (Ch) (10 April 2008)

Mr Simms has no locus standi to pursue the application or appeal following the bankruptcy order, as the debts are provable in bankruptcy and any appeal or application should be pursued by the trustee in bankruptcy. Even if locus standi existed, there is no evidence that a stay would enable annulment or that the...

Source-derived case information.

Citation
[2008] EWHC 723 (Ch)
Parties
Claimant: Dadourian Group International Inc.; Claimant: Alex Dadourian; Claimant: Haig Dadourian; Defendant: Paul Simms; Defendant: Selim Rahman; Defendant: Jack Dadourian
Jurisdiction
England and Wales
Judgment Date
10 April 2008
Procedural Posture
Civil / Post Judgment Application for Clarification/variation of Stay and Injunction Pending Appeal
Outcome
Application refused
Legal Topics
Bankruptcy, Locus Standi, Stays of Execution, Annulment of Bankruptcy, Costs Orders
Insolvency Civil Procedure Bankruptcy Locus Standi Stays of Execution Annulment of Bankruptcy Costs Orders

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Parties

Dadourian Group International Inc.

Claimant

Alex Dadourian

Claimant

Haig Dadourian

Claimant

Paul Simms

Defendant

Selim Rahman

Defendant

Jack Dadourian

Defendant

Procedural Posture

Civil / Post Judgment Application for Clarification/variation of Stay and Injunction Pending Appeal

Legal Issues

  1. 1 Whether Mr Simms has locus standi to pursue an appeal or seek a stay after a bankruptcy order has been made against him
  2. 2 Whether the court should grant a further or clarified stay of execution of costs orders pending appeal
  3. 3 Whether an annulment of bankruptcy is realistically obtainable by Mr Simms

Ratio Decidendi

Mr Simms has no locus standi to pursue the application or appeal following the bankruptcy order, as the debts are provable in bankruptcy and any appeal or application should be pursued by the trustee in bankruptcy. Even if locus standi existed, there is no evidence that a stay would enable annulment or that the debts could be paid or secured. The application is refused on these grounds.

Court Disposition

Application refused

Orders

  • Mr Simms' applications for clarification/extension of stay and injunction are refused