Habib Bank AG Zurich

I would probably suggest it's the leading modern authority on the exercise of the court's discretion under 282(1)(a).

The brief facts in this case are that Mr. Khan was made bankrupt on Habib Bank's petition.

He applied to have the bankruptcy annulled, and the court found that the bankruptcy order ought not to have been made on two bases.

Firstly, the petition debt was genuinely disputed, and secondly, the petition incorrectly said the debt was unsecured when the bank did in fact hold some security.