Credit Finance Bank Ltd v Healy

• Jurisdiction: Ireland
• Judge: Mr. Justice Blayney
• Judgment Date: 29 January 1987
• Neutral Citation: 1987 WJSC-HC 222
• Date: 29 January 1987
• Court: High Court

1987 WJSC-HC 222

CREDIT FINANCE BANK LTD v. HEALY

CASE STATED

COUNTY OF CORK

DISTRICT COURT AREA OF CORK CITY

DISTRICT NO: 19

BETWEEN

CREDIT FINANCE BANK LIMITED

CREDITOR

AND

THOMAS F. HEALY

DEBTOR

Citations:

ENFORCEMENT OF COURT ORDERS ACT 1940 S6

SHIELDS, R V JUSTICES OF TYRONE 1914 2 IR 89

PETTY SESSIONS (IRL) ACT 1851 S33

CHARITABLE LOAN SOCIETIES (IRL) 1843 ACT

Synopsis:

DEBTOR

Imprisonment

Release - Mistake - Re-issue of warrant - Debtor failed to satisfy an instalment order - District Court ordered arrest of debtor and his imprisonment for one month from date of his arrest - A warrant issued in execution of the court order - The debtor was arrested on 15/11/85 and imprisoned pursuant to the warrant - The debtor was released from prison mistakenly upon payment of only part of the sum payable under the instalment order - On 23/4/86 the governor of the prison, with the consent of the creditor, applied to the District Court for an order directing the re-issue of the warrant - Case stated by District Justice - Held that, as the authority for the imprisonment of the debtor was spent, the District Justice had no jurisdiction to direct the re-issue of the warrant or the issue of a new warrant for the arrest and imprisonment of the debtor - Enforcement of Court Orders Act, 1926, s.18 - (1988/678 SS - Blayney J. - 29/1/87)

|Credit Finance Bank v. Healy|

DISTRICT COURT

Order

Warrant in execution - Re-issue - Debtor failed to satisfy an instalment order - District Court ordered arrest of debtor and his imprisonment for one month from date of arrest - A warrant issued in execution of court order - The debtor was arrested on 15/11/85 and imprisoned pursuant to the warrant - The debtor was released from prison mistakenly upon payment of only part of the sum payable under the instalment order - On 23/4/86 the governor of the prison, with the consent of the creditor, applied to the District Court for an order directing the re-issue of the warrant - Case stated by District Justice - Held that, as the authority for the imprisonment of the debtor was spent, the District Justice had no jurisdiction to direct the re-issue of the warrant or the issue of a new warrant for the arrest and imprisonment of the debtor - Enforcement of Court Orders Act, 1926, s.18 - (1988/678 SS - Blayney J. - 29/1/87)

|Credit Finance Bank v. Healy|

ORDER

Enforcement

Warrant - Re-issue - Imprisonment of debtor - Order directed imprisonment for one month from date of arrest - Mistaken release of debtor from prison after payment of part only of debt - Application by prison governor, after expiry of the month, to District Court for order directing the re-issue of the warrant - Held that, as the authority for the debtor's imprisonment was spent, the District Justice had no jurisdiction to order the re- issue of the warrant or the issue of a new warrant for the imprisonment of the debtor - Enforcement of Court Orders Act, 1926, s.18 - (1988/678 SS - Blayney J. - 29/1/87)

|Credit Finance Bank v. Healy|

Mr. Justice Blayney

1 The facts giving rise to this Case Stated, which are most unusual, may be summarised as follows. By an Order for arrest and imprisonment under Section 6 of the Enforcement of Court Orders Act1940, made in a proceeding between the parties referred to above, it was Ordered that the Debtor for his default and failure to pay certain instalments be committed to the prison at Cork and there be imprisoned for the period of one month from the date of his arrest unless he should sooner pay the sum of £1,624-55, being the amount of all instalments and costs accrued before and unpaid at the date of the Order, together with a further sum of £21–65 for costs, making in all the sum of £1,646-20.

2 The Debtor was arrested and brought to Cork Prison...