Re, Bolton

JurisdictionIreland
CourtKing's Bench Division (Ireland)
Judgment Date16 April 1920
Date16 April 1920

K. B. Div.

In re Bolton.
In the MATTER of the BANKRUPTCY (Ireland)AMENDMENT ACT, 1872, and in the MATTER of the INSOLVENT ESTATE of EDWARD FRANCIS BOLTON, of Cape Town, in the Union of South Africa

Bankruptcy Amendment (Ireland) Act, 1872 (35 & 36 Vict. c. 58), sect. 71 -Insolvency in Union of South Africa - Vesting land in Ireland in trustee appointed by South African Court - Jurisdiction - Creditors in Ireland - Form of order.

Motion.

By an order made on the 15th August, 1918, by the Supreme Court of the Union of South Africa (Cape of Good Hope Provincial Division), under the Insolvency Act (No. 32) of 1916, of the Union of South Africa, the estate of Edward Francis Bolton, of Cape Town, in the Province of the Cape of Good Hope, was sequestrated for the benefit of his creditors. On the 6th September, 1918, Alexander Mitchell Souter was elected trustee of the insolvent estate, and was declared entitled to administer the estate in accordance with the provisions of the said Insolvency Act. It appeared from the affidavit of a member of the Bar of the Supreme Court of the Union of South Africa that, according to the law of the Province of the Cape of Good Hope, Alexander M. Souter as trustee of the insolvent estate was entitled to the immovable property of the insolvent situated in Ireland, in so far as such right did not conflict with the law or the policy of the law of Ireland. The insolvent was entitled to an undivided share in certain freehold and leasehold house property in Ireland. By an order made on 11th November, 1918, by the Supreme Court of South Africa, it was ordered that aid be sought from the Courts in Ireland, requesting the said Courts, and especially such Courts as have jurisdiction in bankruptcy, to act in aid of and be auxiliary to the Supreme Court of the Union of South Africa, for the purpose of recognizing the appointment of the said trustee of the estate and effects of the insolvent and his title to administer the same, and generally to exercise the like jurisdiction which the Supreme Court of the Union of South Africa could exercise in regard to the matter and similar matters within the said Court's jurisdiction.

By an order of the Supreme Court of the Union of South Africa, made under the Insolvency Act, 1916, of the Union of South Africa, the estate of an insolvent was sequestrated for the benefit of his creditors; subsequently a trustee of the estate was elected, and was declared entitled to administer the estate in accordance with the said Act. The insolvent was entitled to certain freehold and leasehold property in Ireland. Under the law of the Union of South Africa the trustee was entitled to the immovable property of the insolvent situate in Ireland, so far as such right did not conflict with the law in Ireland. The Supreme Court of South Africa having requested the Irish Courts to act in its aid, the trustee applied for an order vesting the said property in him.

Held, that he was entitled to such order.

Dodd J. :—

The mutter is entirely new, and arises upon the construction of one section of the Act of Parliament in force in this country, and upon the general principles to be found in the Roman law, and the Dutch law, and the British law. As regards the matters involved in this case, the difficulty arises from the use of words more than from anything else. The word "bankruptcy" is a word well known in the English language. It has, as far as I know or can remember, no equivalent in the Roman law or the Dutch law. The word "insolvent" is a word known to the Dutch law, and is an interpretation in the Dutch law of the old Roman law of cessio bonorum. A bankrupt in British phraseology meant

a man who had broken his bench, and had indicated thereby that he had not enough money to pay his creditors, and in our vocabulary up till 1872 was applicable to a trader only. The word "insolvent" was applied to...

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8 cases
  • Re Al Sabah
    • United Kingdom
    • Privy Council
    • 11 January 2005
    ...procedure. Dodd J. took much the same view of a similar provision in the Bankruptcy (Ireland) Amendment Act 1872: see In re Bolton [1920] 2 I.R. 324, 327.43 In addition to Hall v. Woolf (8) and Ukley v. Ukley (15) their Lordships were referred to a number of other Australian authorities, th......
  • Lyubov Andreevna Kireeva (as bankruptcy trustee of Georgy Ivanovich Bedzhamov) v Georgy Ivanovich Bedzhamov
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 January 2022
    ...however, the application was made pursuant to a statute, section 118 of the Bankruptcy Act 1883, not at common law. 60 In Re Bolton [1920] 2 IR 324, Mr Bolton had been made bankrupt in South Africa but held land in Ireland. A South African Court having requested assistance from the Irish Co......
  • Al Sabah and another v Grupo Torras SA and another
    • United Kingdom
    • Privy Council
    • 11 January 2005
    ...procedure. Dodd J took much the same view of a similar provision in the Bankruptcy (Ireland) Amendment Act 1872: see In re Bolton [1920] 2 IR 324, 327." 43 In addition to Hall v Woolf and Ukley v Ukley their Lordships were referred to a number of other Australian authorities, the most impo......
  • Mount Capital Fund Ltd ((in Liquidation)) and Others v Companies Act
    • Ireland
    • High Court
    • 5 March 2012
    ...INSOLVENCY REGS 2006 SI 1030/2006 (UK) COMPANIES ACT 1963 S250(1) MACCANN & ORS COMPANIES ACTS 1963-2009 2010 510 BOLTON'S ESTATE, IN RE 1920 2 IR 324 COMPANY LAW Liquidation Recognition of foreign liquidation - Equivalence of laws - Jurisdiction - Common law - Whether court had jurisdicti......
  • Request a trial to view additional results
1 firm's commentaries
  • Non-recognition Of Foreign Liquidation Judgments In Flightlease
    • Ireland
    • Mondaq Ireland
    • 19 December 2012
    ...law." Laffoy further stated: "As is clear from the judgment of Dunne J[ustice] in the Drumm case, as long ago as 1920, in In Re Bolton [1920] 2 I.R. 324 the King's Bench Division of the Irish High Court acted in aid of the Supreme Court of South Africa in relation to bankruptcy in that juri......

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