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Court of Appeal dismisses an appeal and upholds the decision of the High Court dismissing the appellant's application to show cause against his adjudication as bankrupt, on the grounds that: (a) the appellant could not challenge the order granting summary judgment and the question of how that judgment sum came to be calculated as they were not matters that were properly before the Court in these proceedings; (b) the present application was not an appeal of the adjudication of bankruptcy order and the trial judge was correct that the appellant could not rely upon the same arguments that had already been advanced by him and rejected by the court at the hearing which resulted in his adjudication as a bankrupt; (c) the trial judge was correct that no ground had been established, whether statutory or equitable, to show cause against the validity of the adjudication of bankruptcy; (d) there was no failure either on the part of the respondent and/or the trial judge to address the question raised by the Court of Appeal when it initially remitted the matter back to the High Court; and (e) the findings made by the trial judge in respect of the administrative practices by the respondent were supported by credible evidence and there was no reason or justification for interfering with her findings in this regard.
Power 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 Act’) - the respondent bank obtained judgment against the appellant on 4 March 2013 in the sum of €1,296,114.47 - a Notice Requiring Payment prior to the issue of a bankruptcy summons was served personally upon the appellant - the respondent obtained a High Court order granting it liberty to issue and serve a bankruptcy summons - various attempts were made to serve the appellant personally and the respondent was given liberty to serve the summons by way of substituted summons on the Governor or Deputy Governor of the prison that the appellant was a prisoner at - an order of adjudication of bankruptcy was made against the appellant - the appellant brought an application to show cause against the bankruptcy order - this was refused by the High Court - the appellant successfully appealed this decision and the matter was remitted to the High Court - the High Court again dismissed the appellant's application - the present appeal was brought in respect of this order - whether there had been compliance with the component parts of s.16 and, in particular, whether it was established that there was, in fact, a liquidated sum in the sense contended for under s.11 of the Act - Hay v O'Grady - whether the applicant could take issue with the original judgment sum - whether the trial judge had dealt with the issue that led to the matter being remitted - appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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