The Chancery Court ruled on the bankruptcy petition brought by the petitioners against the debtor, the director of a wound-up company. The sole issue before the court was whether it had jurisdiction to make a bankruptcy order, specifically whether at any time in the period of three years ending with the date of presentation of the petition the debtor had either had a place of residence in the jurisdiction of England and Wales within the meaning of s 265(2)(b)(i) of the Insolvency Act 1986 (IA 1986) or had carried on business in the jurisdiction within the meaning of IA 1986, s 265(2)(b)(ii) as the petitioners claimed in the petition. The debtor, who was in the USA, had denied both by his notice of opposition and in his evidence. The court held, among other things, that it had been shown that the debtor's connection lacked the elements of permanence, continuity or control that were the hallmarks of having a place of residence. It therefore, rejected the petitioners’ contention that the debtor had, at any time in the relevant period, a place of residence in the UK. Further, it found that the debtor had been carrying on business in the UK in the relevant period and had continued to do so. Accordingly, the court made a bankruptcy order.
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