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Inadequate explanation for failure to receive bankruptcy papers at address used by applicant
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Court of Appeal refuses to extend time for an adjudged bankrupt to appeal a number of orders in the bankruptcy proceedings, including the adjudication itself made in 2019, on the grounds, inter alia, that: (a) the applicant had failed adequately to explain why documents served at his address had not reached him when the address was given by him for other purposes; (b) he failed to explain why he did not act promptly once he was aware of the proceedings; and (c) notwithstanding that there were arguable grounds to appeal the orders, the balance of justice favoured refusal of an extension of time.
Murray J (nem diss): Bankruptcy - orders in bankruptcy application - substituted service - adjudication of bankruptcy (2019) - that bankruptcy not to stand discharged pending determination of motion brought by Official Assignee in Bankruptcy (2020) - application to extend time for appealing orders - whether to allow applicant time to appeal all orders - balance of justice - attempts made to serve bankrupt - attempts to trace him - communications following bankruptcy order - averment that applicant did not know of bankruptcy proceedings - alleged illness - whether he or his solicitor had the necessary documentation - when applicant learned of bankruptcy order - incapacity - grounds of appeal - lack of explanation for failure to oppose application to extend time of bankruptcy.
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