1/5/2009
START DATE
END DATE
19-Jan-09
In the Matter of Julian Ernest Sinclair Phillips Hall
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Bankruptcy
Hon. Carlisle Greaves
Paul Harshaw
Not listed
FACTS OF THE CASE:
The case involves the Official Receiver's request for leave to summon persons related to the bankrupt Julian Hall for examinations under section 29 of the Bankruptcy Act 1989 and to defer filing the report required by section 32 of the Act. The matter is notable for its duration extending over nine years since Hall was adjudged bankrupt on 26th January 2000. Despite previous exchanges and a section 32 hearing no examinations under section 29 have been held and a section 32 report has yet to be filed following a directions hearing on 20th August 2008 and a subsequent hearing on 3rd November 2008.
SUMMARY:
Whether the Official Receiver should be granted leave to summon individuals for examination under section 29 and defer filing the section 32 report
OUTCOMES:
The judge decided it was not reasonable to grant the orders sought due to potential further delays except for allowing a final period of fourteen days for the Official Receiver to file his section 32 report.
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 involves the Official Receiver's request for leave to summon persons related to the bankrupt Julian Hall for examinations under section 29 of the Bankruptcy Act 1989 and to defer filing the report required by section 32 of the Act. The matter is notable for its duration extending over nine years since Hall was adjudged bankrupt on 26th January 2000. Despite previous exchanges and a section 32 hearing no examinations under section 29 have been held and a section 32 report has yet to be filed following a directions hearing on 20th August 2008 and a subsequent hearing on 3rd November 2008.