Re W. M., an Alleged Bankrupt

• Jurisdiction: Ireland
• Judgment Date: 15 May 1877
• Date: 15 May 1877
• Court: Chancery Division (Ireland)

Bankruptcy.

RE W. M., AN ALLEGED BANKRUPT.

Ex parte BourneUNK 2 Gl. & J. 137.

Ex parte StaffELR L. R. 20 Eq. 775.

Ex parte Claxton, in re ClaxtonELR L. R. 7 Ch. App. 532.

Ex parte English Joint-stock Bank, in re FinneyELR L. R. 6 Ch. App. 79.

Ex parte Ellis, in re KainELR L. R. 6 Ch. App. 602.

Disputed adjudication — Equitable invalidity — Notice to dispute —— G. O. 47 (1872).

VOL. XL] EQUITY SERIES. RE W. M., AN ALLEGED BANKRUPT. Disputed adjudication-Equitable invalidity-Notice to dispute-Bankruptcy May 4, 15.. and Insolvent Act, 1857 (20 4- 21 Vict. c. 60, s. 29)-G. 0. 47 (1872). An application, upon equitable grounds, to set aside an adjudication should be made, not by way of defence to the order of adjudication, but by a distinct, substantive application, either by petition or motion, setting forth the special grounds relied on. MOTION on behalf of W. M., an alleged bankrupt, to show cause against the validity of an adjudication of bankruptcy, on the grounds-(1) that the proceedings instituted therein were not bona fade; (2) that the alleged bankrupt had no effects to be administered or realized by the Court ; (3) that under the cirÂÂcumstances of the case, and there being but one creditor, the adjudication was an abuse of the procedure of the Court, and vexatious. Mr. Purcell, Q. C. (with him Mr. Peter O'Brien), showed cause, and cited Ex parte Bourne (1) ; Ex parte Staff (2). Mr. John Murray, contra, cited Ex parte Claxton, in re ClaxÂÂton (3) ; Ex parte English Joint-stock Bank, in re Finney (4) ; Ex parte Ellis, in re Rain (5). HARRISON, J. :- In this matter, an adjudication in bankruptcy was made on the 1st of May, the alleged act of bankruptcy being the non-payment of the sum claimed by a debtor's summons ; and, on the same day, notice was served on behalf of the alleged bankrupt of his intention to show cause against the adjudication, on the equitable grounds stated in the notice ; and a notice was also served on the same day of an intention to use certain affidavits on the motion coming on for hearing. Those affidavits referred to certain actions at law (1) 2 Gl. & J. 137. (4) L. R. 6 Ch. App. 79. (2) L. R. 20 Eq. 775. (5) L. R. 6 Ch. App. 602. (3) L. R. 7 Ch. App. 532. 410 THE IRISH REPORTS. [I R. Bankruptcy. brought by the alleged bankrupt against the petitioning creditor, 1877. and. one Bagnell, stated to be his agent, for certain acts of trespass Re alleged to have been committed on the bankrupt's premises; one of...