Application for discharge from bankruptcy constitutes an abuse of process

High Court - 16th October, 2023 - Bankruptcy Act, 1988 - section 16(1) - section 44(1) - section 85(5)(b) - section 136(2) - notice of motion - applicant seeking order discharging applicant from bankruptcy and annulling both his adjudication as a bankrupt and the appointment of a receiver - delays in previous proceedings on medical grounds - same occurred here without evidence being offered explaining same - similar application was made on behalf of wife without knowledge or consent - application struck out and costs awarded against him - applicant and wife borrowed from National Irish Bank - defaulted on repayment obligations to successor in title - 25th July, 2016 - summary judgment against applicant and wife - 23rd January, 2017 - Court of Appeal dismisses appeal - 3rd July, 2017 - Danske Bank presents bankruptcy petition in respect of the applicant - 5th November, 2019 - High Court grants leave to amend petition, refuses application to have petition dismissed and adjudicates applicant as bankrupt - 18th November, 2019 - Bankruptcy Act, 1988 - section 16(1) - applicant makes application to show cause against adjudication as bankrupt - 12th June, 2020 - Court of Appeal strikes out appeals - 19th January, 2021 - section 16(1) application dismissed - 25th February, 2021 - bankruptcy period extended to 5th November, 2025 - 16th October, 2023 - current application issued - compelling reasons needed to justify application to annul - application constitutes abuse of process, it is res judicata and offends the rule in Henderson v. Henderson 1843 3 Hare 100 - Bankruptcy Act, 1988 - section 85(5)(b) - order of discharge sought - not vigorously pursued at hearing - would not have granted in any event - 13th April, 1988 - mortgage established over property - receiver appointed 11th September, 2023 - payments had fallen into arrears - applicant adjudicated bankrupt - assignee argues rights vested in them - section 44(1) - no evidence to the contrary offered by the applicant - secured creditors may rely on security post-adjudication - section 136(2) - application dismissed - applicant ordered to pay petitioner and assignee's costs - objective of application was to delay assignee's ability to realise security - written submissions ordered on this point.