Byrne, Re [2015] ScotCS CSIH_23 (20 March 2015)

Byrne, Re [2015] ScotCS CSIH_23 (20 March 2015)

The appellant failed to establish fraud or any other sufficient ground for recall of sequestration; the sheriff exercised his discretion properly and there was no error in law or procedure justifying interference.

Citation
[2015] ScotCS CSIH_23
Parties
Petitioner and Appellant: Anthony Byrne; Respondent: Thomas Campbell MacLennan (as trustee, substituted for Kenneth Robert Craig)
Jurisdiction
Scotland
Judgment Date
20 March 2015
Procedural Posture
Appeal in Petition for Recall of Sequestration / Appeal From Sheriff's Refusal to Recall Sequestration
Outcome
Appeal refused
Legal Topics
Recall of Sequestration, Fraud Allegations, Trustee Appointment, Procedural Fairness
Insolvency Bankruptcy Recall of Sequestration Fraud Allegations Trustee Appointment Procedural Fairness

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Parties

Anthony Byrne

Petitioner and Appellant

Thomas Campbell MacLennan (as trustee, substituted for Kenneth Robert Craig)

Respondent

Procedural Posture

Appeal in Petition for Recall of Sequestration / Appeal From Sheriff's Refusal to Recall Sequestration

Legal Issues

  1. 1 Whether the sheriff erred in refusing to recall sequestration
  2. 2 Whether alleged fraud by petitioning creditor justified recall
  3. 3 Whether trustee had proper title and interest

Ratio Decidendi

The appellant failed to establish fraud or any other sufficient ground for recall of sequestration; the sheriff exercised his discretion properly and there was no error in law or procedure justifying interference.

Court Disposition

Appeal refused

Orders

  • Petition for recall of sequestration dismissed
  • Appellant found liable in expenses