6 Aug 2015
The clause was plain and unambiguous: a gift "takes effect" where the beneficiary is living at the testator's death and can be advanced to them; s 102 applies only if the gift has taken effect and cannot be used to render the prior gift ineffective; there was no evidence of instructions about bankruptcy to justify rectification under s 31, therefore the plaintiffs' applications fail.
4 Feb 2014
The applicant lacked standing because upon adjudication the property and related powers vested in the Official Assignee under s101 of the Insolvency Act 2006, any personal covenant gives rise only to a provable debt under s232, and the Official Assignee's disclaimer terminated the bankrupt's interest so the bankrupt cannot challenge the Property Law Act notice.
25 Jul 2008
Application dismissed because applicant failed to satisfy the Welgas requirements for r301 relief: there is no probable viable claim, no basis to believe the specific documents are or were in BNZ's control, and additional fatal bars exist including bankruptcy vesting of causes of action in the Official Assignee (who does not consent), prior final determinations amounting to issue estoppel, and limitation; allegations of perjury do not provide civil grounds for discovery.
7 Nov 2005
The Statement of Claim was struck out because the plaintiff lacked legal status to bring the claim—he was neither donor nor donee, the donor company was in liquidation and any relevant rights vested in the Official Assignee under s42 Insolvency Act 1967—and therefore had no standing; alternatively the proceeding amounted to an abuse of process. Although the valuation regime in s68A might apply to an easement in gross, that potential legal point cannot save a claim brought by a party without the requisite statutory status.