Where the court finds that a bankruptcy order should not have been made, an order of annulment is not inevitable

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This case was a second appeal, in which the Court of Appeal upheld the decisions of two lower courts.

In exercising its discretion, it concluded that as a result of the bankrupt's conduct and his insolvency,  his bankruptcy should not be annulled, despite having reached the conclusion that the bankruptcy order should not have been made. This case shows that where the court finds that a bankruptcy order should not have been made, an order of annulment is not inevitable, and nor is it even the case that an annulment should only be refused in "exceptional circumstances".