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Court of Appeal dismisses appeal of High Court refusal to reject bankruptcy summons after summary summons proceedings were finalised, finding that: a) there was no evidence that the bankruptcy proceedings were commenced for an improper purpose; b) the summons was valid when an extension to the time for service was lawfully made under the rules of court; and c) the balance of justice did not favour setting aside the bankruptcy summons.
Bankruptcy – practice and procedure – appeal of High Court refusal to reject bankruptcy summons – whether a bankruptcy summons was valid – O. 122 r. 7 – O. 76, r. 14 – s. 8(6) of the Bankruptcy Act of 1988 – no evidence that Ennis commenced the bankruptcy proceedings for an improper purpose – appeal dismissed.
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