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Court of Appeal dismisses appeal and upholds decision of the High Court that the automatic discharge from bankruptcy of a bankrupt be postponed, on the grounds that: (a) there was ample cogent evidence which established clearly a failure on the part of the bankrupt to cooperate with the Official Assignee; (b) it was a matter for the Court to determine what the period of extension of the bankruptcy would be; (c) the trial judge was correct to conclude that the non-cooperation was at the serious end of the spectrum and consequently a very significant extension was inevitable; and (d) whilst the extension of bankruptcy was a significant sanction, it was so not so severe as to be disproportionate and not such that it should be set aside or varied.
Birmingham P (nem diss): Bankruptcy - appeal of a decision that the automatic discharge from bankruptcy of a bankrupt be postponed - High Court ordered that that the bankruptcy of the bankrupt should be discharged on 23rd November 2025, that being ten years from the date of the making of the adjudication order on 23rd November 2015 - whether there was sufficient evidence that the bankrupt had failed to cooperate with the Official Assignee in the realisation of the assets of his estate or had hidden from or failed to disclose to the Official Assignee income or assets which could be realised for the benefit of the creditors - the Notice of Motion sought an order extending the bankruptcy for a period of 5 years - whether a court has the jurisdiction to make, of its own motion, an order going beyond the terms of the Notice of Motion - s. 11 of the Bankruptcy (Amendment) Act 2015 - s.85A of the Bankruptcy Amendment Act 2015 - whether the sanction imposed was proportionate - appeal dismissed.
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