Gaynor v Courts Service

• Jurisdiction: Ireland
• Judge: Mr. Justice Richard Humphreys
• Judgment Date: 30 November 2015
• Neutral Citation: [2015] IEHC 876
• Docket Number: [2015 No. 618 JR]
• Court: High Court
• Date: 30 November 2015

BETWEEN

JOHN GAYNOR

APPLICANT

AND

THE COURTS SERVICE

AND

THOMAS KINIRONS

RESPONDENTS

AND

NOEL SHERIDAN

AND

PETER QUINN

NOTICE PARTIES

[2015] IEHC 876

[2015 No. 618 JR]

THE HIGH COURT

JUDICIAL REVIEW

Practice and Procedures – Insolvency – Application for judicial review – Ex Tempore judgment – O. 76, r.15 Rules of the Superior Courts – Refusal to accept Form 6 alone

Facts: The applicant sought leave against the decision of the first named respondent for refusing to accept Form 6 filed by the applicant to set aside the service of bankruptcy summons. The applicant, who was served bankruptcy summons, furnished only Form 6 to set aside the service of summons. The applicant contended that the letter sent by the second named respondent outlining the formalities to dismiss a bankruptcy summon was vague and ambiguous. The first named respondent stated that the applicant could have raised the same points to set aside the summons as a defence to the bankruptcy summons. The first named respondent mentioned that no injustice was caused to the applicant while refusing to accept his Form 6.

Mr. Justice Richard Humphreys refused the applicant's application to seek leave. The Court stated that the refusal by the first named respondent to accept Form 6 alone was justified. The Court mentioned that no injustice was caused to the applicant through the non-acceptance of his application. The Court observed that the refusal on the part of the first named respondent was necessary to make it absolutely explicit that both Form 6 and Form 7 were required.

EX TEMPORE JUDGMENT of Mr. Justice Richard Humphreys delivered on the 30th day of November, 2015

Mr. Justice Richard Humphreys

1 This application arises out of a dispute that has been going on for quite some time. I have been presented with 22 orders from the High Court and Court of Appeal, dated prior to my order of the 23rd November, 2015. I do not have to enter into a consideration of these orders in detail as I am dealing only with whether Mr. Gaynor should be granted leave in accordance with his Statement of Grounds.

2 A bankruptcy summons was issued against the applicant on the 15th June, 2015 and it was served personally on him on the 18th June, 2015. Mr. Gaynor then had 14 days to file an application to set aside the summons, which, representing himself, he endeavoured to do on the 2nd July, 2015 (being the 14th day) by attempting to lodge Form 6....