Hooke In Sequestration Of Glasgow [2000] ScotCS 187 (7 July 2000)

Hooke In Sequestration Of Glasgow [2000] ScotCS 187 (7 July 2000)

A late application for deferment of discharge in sequestration proceedings does not prevent automatic discharge under section 54(1) of the Bankruptcy (Scotland) Act 1985 unless the court actually grants a waiver of the time limit under section 63 before the expiry of the three-year period. The mere lodging of a note seeking waiver and deferment is insufficient to postpone discharge.

Citation
[2000] ScotCS 187
Parties
Noter and Appellant: Lionel Gordon Hooke; Respondent: James Glasgow
Jurisdiction
Scotland
Judgment Date
07 July 2000
Procedural Posture
Appeal From Sheriffdom Decision in Sequestration Proceedings / Appeal Judgment
Outcome
Appeal refused; Sheriff's interlocutors upheld.
Legal Topics
Sequestration, Automatic Discharge, Waiver of Statutory Time Limits, Competency of Late Applications
Insolvency Bankruptcy Sequestration Automatic Discharge Waiver of Statutory Time Limits Competency of Late Applications

Case Brief

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Parties

Lionel Gordon Hooke

Noter and Appellant

James Glasgow

Respondent

Procedural Posture

Appeal From Sheriffdom Decision in Sequestration Proceedings / Appeal Judgment

Legal Issues

  1. 1 Whether a late application for deferment of discharge in sequestration can prevent automatic discharge under section 54(1) of the Bankruptcy (Scotland) Act 1985 if the waiver of time limit is not granted before expiry of the three-year period
  2. 2 Whether the mere lodging of a note seeking waiver and deferment is sufficient to postpone discharge

Ratio Decidendi

A late application for deferment of discharge in sequestration proceedings does not prevent automatic discharge under section 54(1) of the Bankruptcy (Scotland) Act 1985 unless the court actually grants a waiver of the time limit under section 63 before the expiry of the three-year period. The mere lodging of a note seeking waiver and deferment is insufficient to postpone discharge.

Court Disposition

Appeal refused; Sheriff's interlocutors upheld.

Orders

  • Appeal refused
  • Sheriff's interlocutors of 4 and 18 November 1999 upheld