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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether Mr Simms has locus standi to pursue appeal or seek stay after bankruptcy order
- 2 Whether further stay of execution should be granted pending appeal
- 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
Full Case Text
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