Clydesdale Bank Plc v Davidson [1993] ScotCS CSIH_3 (12 February 1993)
A timeous application for deferment of discharge prevents automatic discharge under section 54(1) until the application is disposed of by the court, regardless of whether the three-year period has expired; the sheriff properly exercised discretion in granting deferment and considered all material factors.
- Citation
- [1993] ScotCS CSIH_3
- Parties
- Pursuer: Clydesdale Bank plc; Defender: Davidson
- Jurisdiction
- Scotland
- Judgment Date
- 12 February 1993
- Procedural Posture
- Appeal / Judgment on Appeal Against Sheriff's Interlocutor
- Outcome
- appeal refused; sheriff's interlocutor affirmed
- Legal Topics
- Automatic Discharge, Deferment of Discharge, Sequestration, Bankruptcy (scotland) Act 1985
Case Brief
Summary, issues, holding and outcome
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Parties
Clydesdale Bank plc
Pursuer
Davidson
Defender
Procedural Posture
Appeal / Judgment on Appeal Against Sheriff's Interlocutor
Legal Issues
- 1 Whether application for deferment of discharge under section 54 of the Bankruptcy (Scotland) Act 1985 was competent after expiry of three years from sequestration
- 2 Whether sheriff exercised discretion properly in granting deferment
Ratio Decidendi
A timeous application for deferment of discharge prevents automatic discharge under section 54(1) until the application is disposed of by the court, regardless of whether the three-year period has expired; the sheriff properly exercised discretion in granting deferment and considered all material factors.
Court Disposition
appeal refused; sheriff's interlocutor affirmed
Orders
- appeal refused
- interlocutor of 30 January 1992 affirmed
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