Dadourian Group International Inc & Ors v Simms & Ors

Dadourian Group International Inc & Ors v Simms & Ors

Mr Simms has no locus standi to pursue appeal or seek stay after bankruptcy order; even if locus standi existed, no further stay is justified as annulment is improbable and trustee appointment would inevitably stay proceedings.

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 Stay and Clarification Pending Appeal
Outcome
applications refused
Legal Topics
Bankruptcy, Locus Standi, Stay of Execution, Annulment of Bankruptcy Order, Costs Orders

Case Brief

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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 Stay and Clarification Pending Appeal

  1. 1 Whether Mr Simms has locus standi to pursue appeal or seek stay after bankruptcy order
  2. 2 Whether further stay of execution should be granted pending appeal
  3. 3 Whether annulment of bankruptcy order is feasible based on payment or security of debts

Ratio Decidendi

Mr Simms has no locus standi to pursue appeal or seek stay after bankruptcy order; even if locus standi existed, no further stay is justified as annulment is improbable and trustee appointment would inevitably stay proceedings.

Court Disposition

applications refused

Orders

  • Mr Simms' applications for injunction and further stay are dismissed