4 May 2009
UDC FINANCE LIMITED - DM JACQUES HC WN CIV 2008-485-2521
- Citation
- openlaw-86bd4a05_74c6_4d29_a67f_2e3c94d7c611.pdf
- Court
- High Court
The trustee was properly held personally liable because the creditor was not a party to the trust deed and the deed’s limitation clause does not protect trustees against third party creditors; the creditor had a final unsatisfied judgment against the debtor and the statutory criteria in Insolvency Act 2006 ss 13 and 17 for an act of bankruptcy were met; the debtor had no viable cross-claim, so the bankruptcy notice stood and the application to set it aside failed.