Re Sean Dunne (a bankrupt)

CourtHigh Court
JudgeMr. Justice Brian J. McGovern
Judgment Date06 March 2014
Neutral Citation[2014] IEHC 113
Date06 March 2014
Docket Number[No. 2478/2013]

[2014] IEHC 113


[No. 2478/2013]
Dunne (a bankrupt), In re

RSC O.76 r73

RSC O.38 r3

RSC O.37 r2

RSC O.76 r76(1)

Bankruptcy – Official Assignee – Witnesses – Cross-examination - Rules of the Superior Courts

Facts: This was an application brought on behalf of a bankrupt to cross-examine the Official Assignee in relation to affidavits sworn by him pursuant to O. 76 of the Rules of the Superior Courts. The bankrupt contended it was necessary to cross-examine the Official Assignee because of conflicting claims in relation to a property and its contents.

Held by McGovern J, that if the bankrupt wished to cross examine the Official Assignee he was required to serve a notice of motion specifying the affidavits on which he wished to do so, together with an affidavit setting out the matters to be to cross-examined and the necessity for such cross-examination.

Mr. Justice Brian J. McGovern

This is an application brought on behalf of the bankrupt to cross-examine the Official Assignee on an affidavit sworn by him on 26th November, 2013. The matter comes before the court pursuant to a notice of motion issued on 3rd December, 2013, which also seeks other reliefs but those matters were not canvassed at the hearing before me but will be dealt with at a further hearing fixed for 19th March, 2014.


In opening the application, counsel for the bankrupt informed the court that he was not confining his application to the affidavit sworn by the Official Assignee on 26th November, 2013, but all affidavits sworn by the Official Assignee in this matter since that date.


Mrs. Gayle Dunne, the wife of the bankrupt, Mr. John Dunne, a son of the bankrupt, and Traviata Ltd., an Isle of Man company which claims to have an interest in the property were represented by a solicitor who informed the court that he was supporting the application of the bankrupt.


The bankrupt's wish to cross-examine the Official Assignee arises out of conflicting claims to a property known as 19, Churchfield, Straffan, County Kildare (situated in the grounds of the K-Club) and the contents of the property.


Counsel for the bankrupt claimed that he is entitled to cross-examine the Official Assignee and he relies on O. 76, r. 73 of the Rules of the Superior Courts which states "Wherever a witness has made an affidavit or deposition in support of any application or proceeding in the court, any Party to such application or proceeding may by notice require the attendance of such witness for cross-examination". He compared that to the procedure in O. 38, r. 3 dealing with proceedings by special summons where a party seeks to cross-examine a deponent and which provides that "unless such deponent is produced accordingly, his affidavit shall not be used as evidence unless by the special leave of the court". He also referred to a similar procedure in proceedings commenced by summary summons which is to be found in O. 37, r. 2.


Counsel for the Official Assignee relies on O. 76, r. 76(1) which states"any person wishing to require the attendance of the Official Assignee or any other officer serving in the...

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9 cases
  • Sean Dunne (A Bankrupt)
    • Ireland
    • High Court
    • 5 May 2021 application to cross-examine the Official Assignee was not acceded to, but a further motion was permitted: In re Dunne (a Bankrupt) [2014] IEHC 113 (Unreported, High Court, McGovern J., 6th March, 2014). McGovern J. ultimately decided that the documentation could be accessed: ( [2014] IE......
  • Re Dunne, a Bankrupt
    • Ireland
    • High Court
    • 13 February 2017 an earlier proceeding in this bankruptcy. In a judgment delivered on 6th March, 2014 in In the Matter of Sean Dunne (a bankrupt) [2014] IEHC 113 McGovern J. dealt with the bankrupt's application to cross examine the Official Assignee in relation to affidavits he swore to ground his appl......
  • The Bankruptcy Act, 1988, as Amended
    • Ireland
    • Court of Appeal (Ireland)
    • 27 November 2017
    ...acknowledged that McGovern J. had decided in his judgment in another application in the within bankruptcy ( Re Sean Dunne, a bankrupt [2014] IEHC 113) that O. 76, r. 76 was the appropriate rule under which to seek the attendance of the OA for cross-examination, and therefore the bankrupt's ......
  • Mr X and Radio Telefís Éireann
    • Ireland
    • Information Commission
    • 20 April 2017
    ...records. The application of the FOI Act to records held by RTÉ was considered by the High Court in RTÉ v. the Information Commissioner [2014] IEHC 113. That case involved records of data collected on the amount of broadcast time allocated to political parties during a general election campa......
  • Request a trial to view additional results

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