Bankruptcy search and seizure orders—mental health considerations (Hyde v Djurberg)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Restructuring & Insolvency analysis: The trustee in bankruptcy (trustee) secured a search and seizure order despite the existence of mental health concerns–by carefully explaining to the court why the case justified the draconian steps involved and by putting in place appropriate safeguards for during the execution. The remedy is discretionary, and this case builds on an earlier case in explaining how use of that discretion should be considered by the court. The guidance given in Lasytsya v Koumettou was followed and, perhaps, expanded upon as regards the mental health considerations, an area increasingly being considered by the courts. Written by Mark Sands, Head of Insolvency at Apex Litigation Finance Ltd.