Re Gibbons, a Bankrupt
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1958 |
| Date | 01 January 1958 |
| Court | Supreme Court |
Leave given to Official Assignee to prosecute and continue proceedings - Proceedings settled by Official Assignee -Consent received and made a rule of Court - Creditors of bankrupt dissatisfied with terms of consent - Motion to set aside consent -Whether Official Assignee entitled to settle action without express leave given in the bankruptcy matter - Irish Bankrupt and Insolvent Act, 1857 (20 21 Vict., c. 60) s. 279.
G. commenced proceedings against M. for the recovery of commission for work done as M's agent and for damages for wrongful dismissal. Before the termination of the proceedings G. was adjudicated a bankrupt and the Official Assignee was given liberty under s. 279 of the Irish Bankrupt and Insolvent Act, 1857, to prosecute and continue the action. Eventually a compromise was reached and a consent was received and made a rule of Court. The order of the High Court was dated the 21st of December, 1953. Creditors of G., being dissatisfied with the terms of the compromise moved by notice of motion in the bankruptcy matter for an order that the compromise be set aside; that the account ordered in the civil action in the High Court be taken and brought to completion; and that the full amount found to be due on the taking of the said account, together with interest, be brought into the bankruptcy matter for the benefit of the...
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Section 61(6) of the Bankruptcy Act 1988 (as Amended) and the Estate of Samuel Snoddy, a Discharged Bankrupt
...will normally take into account the views of any relevant party particularly affected by the proposed course of action. 35 . In Re Gibbons [1958] IR 98, the Supreme Court acknowledged the right of the OA under pre-1988 legislation to conduct litigation and, by extension, to compromise an ac......
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Dixon v Lehane (Official Assignee in Bankruptcy of the Estate of Henry Dixon)
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