Bramston v Haut  EWCA Civ 1637;  BPIR 25
(Court of Appeal, Rix, Arden and Kitchin LJJ, 14 December 2012)
H, applied for, and obtained, without notice an order under s 279 of the Act suspending his automatic discharge from bankruptcy so as to allow him to put a post-bankruptcy IVA proposal to his creditors. The trustee in bankruptcy, B, applied to set aside the order, on the basis that he had concerns as to the proposal. Arnold J dismissed the application. The Court of Appeal allowed the trustee's appeal. Section 279 of the Act was not the appropriate route. Had the debtor used the appropriate route, an interim order would not have been made as the nominee's report did not comply with the Act. There was no reason to interfere with the trustee's discretion; the proper test was that outlined in Osborn v Cole  BPIR 251 and it was not appropriate to consider the trustee's acts by reference to a Wednesbury unreasonableness test.
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