Brendan Walsh, A Bankrupt

JurisdictionIreland
JudgeMr. Justice Brian O'Moore
Judgment Date28 July 2022
Neutral Citation[2022] IEHC 481
CourtHigh Court
Docket NumberRecord No. [3612P]
Between
In the Matter of Brendan Walsh, A Bankrupt

[2022] IEHC 481

Record No. [3612P]

THE HIGH COURT

Bankruptcy

Bankruptcy – Adjudication – Validity – Bankrupt seeking to show cause against the validity of the adjudication of bankruptcy – Whether a factual defence was established

Facts: A petition in bankruptcy by the Collector General, Mr Gladney, was filed on 26th April, 2017. It alleged a grand total of indebtedness in the sum of €249,135.85, the act of bankruptcy being failure to pay on foot of the bankruptcy summons. The first return date was 8th May, 2017. In total the petition was adjourned on 29 separate occasions and was finally heard on 26th July, 2021. Substantive defences to the petition were raised by the debtor, Mr Walsh. On the 30th of September 2021, the High Court (Humphreys J) held that the petition should be granted: [2021] IEHC 596. He adjudicated the debtor bankrupt. He did not think that there was any factual defence established or even a factual issue on which an adjournment would be appropriate for further investigation or consideration. Insofar as legal issues had been raised, he held that such issues should be determined against the debtor.

Held by O’Moore J that, having considered the evidence put before him, together with the written and oral submissions and the judgment of Humphries J, he would refuse the application to show cause against the validity of the adjudication of bankruptcy in this case.

O’Moore J held that he would deliver his full judgment early next Term.

Application refused.

1

DECISION of Mr. Justice Brian O'Moore delivered the 28 th day of July 2022

2

Having considered the evidence put before me, together with the written and oral submissions and the judgment of Humphries J of the 30th of September 2021, I have decided to refuse the application to show cause against the validity of the adjudication of bankruptcy in this case. I will deliver my full judgment early next Term.

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