000			01407cab a2200181 4500
001			ABS42248
008			090401t1990 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u35672
041			_aeng
245			_aIn Re Smith (A P)
260			_c1990
350			_a0
490			_aRating Appeals _v1990 RA 1-16(9)
520			_aHL 30 November 1989. Application at magistrates court by a rating authority (R) for issue of committal warrant against R E Smith (S) for non-payment of rates . On 17 February 1989 the court ordered S to 60 days imprisonment, suspended on payment of 20pm for two months, thereafter 20 a week. Only one payment was made. S was made bankrupt on 31 June 1987. after further proceedings in the magistrates court,the registrar of the bankruptcy court stayed proceedings, under the Insolvency Act 1986 s285(1) . R appealed and the appeal was allowed. The decision being based on In Re Edgecome where the ruling was that the registrar had no jurisdiction to stay proceeding under s285. S appealed. The appeal was allowed, the judgement for Edgcome being considered erroneous. S285(1) being considered wide enough in scope to cover the decision of the registrar. The issue of the warrant could not be considered in isolation but must be considered as part of the whole procedure for recovery of unpaid rates
690			_aRATING AND VALUATION-CASE LAW
942			_n0
948			_c04/03/1997
999			_c23333 _d23333