11/3/2008
START DATE
END DATE
12-Nov-08
In the Matter of Julian Ernest Sinclair Phillips Hall
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
BANKRUPTCY JURISDICTION
Carlisle Greaves
Kulandra Ratneser
Saul Froomkin QC
FACTS OF THE CASE:
The case revolves around Julian Hall adjudged bankrupt on 26th January 2000 and subsequent court orders for him to comply with the Bankruptcy Act 1989 particularly section 26 by providing information requested by the Official Receiver. Despite delays and partial compliance the court was reluctant to find Hall in contempt opting instead to extend time for compliance indicating a focus on procedural justice and the practical achievement of bankruptcy proceedings' goals.
SUMMARY:
Whether Julian Hall should be held in contempt for not complying in time or inadequately responding to the Official Receiver's queries.
OUTCOMES:
The court decided not to hold Hall in contempt granted him an extension for compliance and indicated that his answers though late did not warrant punishment or would not obstruct the continuation of the bankruptcy proceedings.
RULED IN FAVOUR OF:
Official Receiver
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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In the Matter of Julian Ernest Sinclair Phillips Hall
The case revolves around Julian Hall adjudged bankrupt on 26th January 2000 and subsequent court orders for him to comply with the Bankruptcy Act 1989 particularly section 26 by providing information requested by the Official Receiver. Despite delays and partial compliance the court was reluctant to find Hall in contempt opting instead to extend time for compliance indicating a focus on procedural justice and the practical achievement of bankruptcy proceedings' goals.