THE ACCOUNTANT IN BANKRUPTCY v. GRAEME JOHN GRANT [2010] ScotSC 178 (27 October 2010)

THE ACCOUNTANT IN BANKRUPTCY v. GRAEME JOHN GRANT [2010] ScotSC 178 (27 October 2010)

The court held that section 29(6) of the Bankruptcy (Scotland) Act 1985 does not empower the court to appoint a new trustee where the previous trustee has been discharged, but section 63(1)(b) is wide enough to allow the court to make such an order to enable the sequestration process to continue and assets to be ingathered and distributed.

Citation
[2010] ScotSC 178
Parties
Pursuer: THE ACCOUNTANT IN BANKRUPTCY; Defender: Graeme John Grant
Jurisdiction
Scotland
Judgment Date
27 October 2010
Procedural Posture
Summary Application / Interlocutory Order on Competency and Amendment
Outcome
Leave granted to pursuer to amend application under section 63(1)(b) within 14 days.
Legal Topics
Appointment of Trustee, Revival of Sequestration, Discharge of Trustee, Discharge of Debtor, Section 29(6) Bankruptcy (scotland) Act 1985, Section 63 Bankruptcy (scotland) Act 1985
Bankruptcy Insolvency Law Appointment of Trustee Revival of Sequestration Discharge of Trustee Discharge of Debtor Section 29(6) Bankruptcy (scotland) Act 1985 Section 63 Bankruptcy (scotland) Act 1985

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

THE ACCOUNTANT IN BANKRUPTCY

Pursuer

Graeme John Grant

Defender

Procedural Posture

Summary Application / Interlocutory Order on Competency and Amendment

Legal Issues

  1. 1 Whether sequestration can be revived after discharge of both debtor and trustee
  2. 2 Whether application under section 29(6) of the Bankruptcy (Scotland) Act 1985 is competent in these circumstances
  3. 3 Whether section 63(1)(b) of the Bankruptcy (Scotland) Act 1985 provides a remedy

Ratio Decidendi

The court held that section 29(6) of the Bankruptcy (Scotland) Act 1985 does not empower the court to appoint a new trustee where the previous trustee has been discharged, but section 63(1)(b) is wide enough to allow the court to make such an order to enable the sequestration process to continue and assets to be ingathered and distributed.

Court Disposition

Leave granted to pursuer to amend application under section 63(1)(b) within 14 days.

Orders

  • Pursuer granted leave to lodge a minute of amendment within 14 days.