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Court of Appeal dismisses appeal and upholds a decision of the High Court dismissing the appellant's application to show cause against the validity of his adjudication in bankruptcy, on the grounds that: (a) it was patently clear that the act of bankruptcy in this case occurred once the appellant failed to pay the sum due within fourteen days of the date of service of the Bankruptcy Summons; (b) the trial judge was entitled to decline to engage with the argument advanced by the appellant in relation to how the case law on whether there an act of bankruptcy should be read; (c) there was no error in the findings of the trial judge regarding whether there was an act of bankruptcy; (d) there was no substance to the complaint that the trial judge considered the additional grounds as extraneous and outside the scope of an application when she had in fact considered them all; and (e) there was no question of the trial judge having fettered her discretion or that she approached her assessment of the grounds through too-narrow a prism.
Faherty J (nem diss): Appeal of a decision of the High Court dismissing the appellant's application to show cause against his adjudication as bankrupt pursuant to s.16 of the Bankruptcy Act 1988, as amended - the appellant was adjudicated bankrupt on 20 March 2018 - there was no appeal from this decision - the appellant filed a Notice to Show Cause against the validity of the adjudication on 31 May 2018 - whether the trial judge erred in holding that no act of bankruptcy occurred in the three months preceding the Bankruptcy Petition - McConnon v. Zurich Bank [2012] 4 I.R. 737 - whether the act of bankruptcy set out in the Bankruptcy Petition was an act of bankruptcy identified in statute or recognised at law - Order 76, rule 19(1)(b) of the Rules of the Superior Courts - whether the manner with which the trial judge dealt with the other grounds was a fettering of her discretion - whether the claim was statute barred - res judicata - Henderson v. Henderson - no error of principle on the part of the trial judge - appeal dismissed
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