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Henry Butcher International Ltd v KG Engineering (A Partnership)

Civil procedure - Insolvency - Adjournment - Bankruptcy petitions - Legal representation - Prejudice - Statutory demands - Winding up petitions - Adjournment for legal representation - Civil Procedure Rules 1998, r 1.1

5 November 2004

The appellants appealed the refusal of an application seeking an adjournment of a petition to wind up the first appellant (KGE), and bankruptcy petitions in respect of the second appellant (K) and the third appellant (B). KGE had been a partnership formed and controlled by K and B. For the purposes of the instant proceedings K had represented the interests of the appellants. His son (S) had run the business as an employee during a period of illness suffered by K. During that period S had successfully bid for machinery from an auction run by the respondent (HBI). S had given his name and that of KGE, but had subsequently stated that his intention had been to purchase the machinery for his own benefit. In the event S had failed to pay HBI. Statutory demands were issued against the appellants and S, and bankruptcy petitions against the individuals and a winding up petition against KGE had followed. The petition against S had later been withdrawn. The appellants had sought to appeal a deci...

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