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England and Wales High Court (Chancery Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Godfrey v Torpy & Ors [2007] EWHC 919 (Ch) (23 April 2007) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2007/919.html Cite as: [2007] BPIR 1538, [2007] Bus LR 1203, [2007] EWHC 919 (Ch) |
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CHANCERY DIVISION
Strand, London. WC2A 2LL |
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B e f o r e :
(sitting as a Deputy Judge of the High Court)
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NOEL GODFREY |
Claimant |
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-and- |
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(1) LAURENCE TORPY (2) LAURENCE POWER (3) STRASBOURG CAPITAL LIMITED (4) MARY THERESA POWER (In Bankruptcy) (5) BELLCOVE LIMITED |
Defendants |
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Mr Clive Blackwood (instructed by Lass Salt Garvin) for the Second and Fifth Defendants
The First and Third Defendants were not represented
The Fourth Defendant appeared in person
Hearing dates: 16th, 19th, 20th, 21st, 22nd and 23rd February 2007
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Crown Copyright ©
Mr Peter Leaver QC: INTRODUCTION
REPRESENTATION OF THE DEFENDANTS
THE PROCEDURAL ISSUE
(a) Mr Godfrey's claim under the Act, as assignee of Mrs Power's Trustee in Bankruptcy, ought to be struck out;
(b) Mr Godfrey's claims under the Act as "a victim of the transaction" were being pursued without the permission of the bankruptcy court, and were void; alternatively, the proceedings ought to be adjourned and retrospective permission should be obtained from that court;
(c) in any event, the proceedings were being pursued against Mrs Power without the permission of the court and were void.
"Any court in which proceedings are pending against any individual may, on proof that a bankruptcy petition has been presented in respect of that individual or that he is an undischarged bankrupt, either stay the proceedings or allow them to continue on such terms as it thinks fit "
Section 424(l)(a) is in the following terms:
"An application for an order under section 423 shall not be made in relation to a transaction except -
(a) in a case where the debtor has been adjudged bankrupt or is a body corporate which is being wound up or is in administration, by the official receiver, by the trustee of the bankrupt's estate or the liquidator or administrator of the body corporate or (with the leave of the court) by a victim of the transaction."
THE EVIDENCE
THE PARTIES AND THE OTHER MAIN CHARACTERS
MR AND MRS POWER
69. In short, both Mr and Mrs Power were dreadful witnesses. On occasion, neither of them made any attempt to make plausible or coherent replies to questions, and on very many occasions their evidence was at odds with the contemporary documents. Mrs Power admitted to forgery of documents on a number of occasions and to lying to third parties on other occasions. Each of them was adept at giving a partially truthful answer which, as Kipling said, told "the blacker lie ".
SHAMROCK
HARDWOOD AVENUE
CONCLUSION