Berninger v Woodstock Ltd
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1969 |
| Neutral Citation | 1965 WJSC-HC 2126 |
| Date | 01 January 1969 |
| Docket Number | No. 2388P/1969 |
| Court | High Court |
Between
and
1965 WJSC-HC 2126
THE HIGH COURT
I heard and gave judgment in the defendants's motion to dismiss this action on the 30th of November 1970. I was not informed that an appeal had been lodged and no request of any kind was made to my Registrar for a written judgment. I first became aware that an appeal had been lodged and that a writing judgment was required in March 1977. Fortunately the then Registered in Bankruptcy, Mr. Ronayne, took a very full note of the argument and I have studied the file in relation to the case and the bankruptcy file relating to the plaintiff.
The action relates to two agreements of the 20th of September 1966 and the 1st of May 1967. By these the plaintiff got an option to purchase certain lands from the defendants. There is a dispute as to whether the plaintiff signed the second agreement under a mistake. On the 10th of September 1969 the plaintiff issued a summons claiming a declaration that under the agreement of the 20th of September 1966 the defendants granted him an irrevocable option to purchase part of the lands of Woodstock containing 10½ acres and that a clause in that agreement had subsequently been varied. The value of the elaborate endorsement relation to the agreement of the 20th of September 1966.
On the 29th of November 1968 the plaintiff was adjudged a bankrupt and on the 15th of January 1969 a certificate of vesting of all the estate and effects real and personal of the plaintiff in the Official Assignee was completed.
When the plaintiff was adjudicated a bankrupt, all his personal and all property which he may ???query??????(and that included chases in action except these relating to a mere personal wrong) became vested to the Official Assignee (s. 267and 268 of the Irish Bankruptcy and Insolvency Act 1857). The action in this case does not relate to a mere personal wrong and the only person who could commence the action after the 29th of November 1968 was the Official Assignee (s. 279 of the Act of 1857). The plaintiff had registered this action as a Lis Pendens on the 16th of September 1969.
On the 3rd of November 1970 the defendants issued a motion asking for an order under 0. 19 r. 28 of the Rules of the Superior Courts that the summons be stuck out on the grounds that it shows no reasonable cause of action and that the Lis Pendens be...
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