Brendan Walsh, A Bankrupt

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr. Justice Brian O'Moore
• Judgment Date: 28 July 2022
• Neutral Citation: [2022] IEHC 481
• Year: 2022
• Docket Number: Record 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...