The defendant sought a second adjournment of his application for leave to appeal against summary judgment for $21m with interest in respect of a judgment obtained in Texas. The defendant was said to have given his personal guarantee for the purchase price of goods sold and delivered.
Held: The request was rejected. Counsel for the defendant acknowledged that he would be struggling to find a defence, and no effective defence had yet been filed. There was no arguable defence, and those previously indicated had not now been pursued, and in particular the arguments based upon unpleaded fraud and breach of natural justice.
The order under section 423 had been on the basis that property here had been held in the names of others to protect them against his creditors.
Judges:
Simon Brown LJ, Sir Patrick Russell
Citations:
[1998] EWCA Civ 641
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Applied – Al-Mehdawi v Secretary of State for the Home Department HL 23-Nov-1989
The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision.
Held: Judgment obtained in a party’s absence due entirely to the fault . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 25 March 2022; Ref: scu.144119
