High Court refuses application to dismiss a bankruptcy summons, on the grounds that although there was a delay in the service of the summons, the threshold that the respondent must meet in this application is equivalent to the threshold required to defend an application for summary judgment and refer a matter to a plenary hearing, and the argument raised was insufficient for the latter purpose.
Bankruptcy - whether the bankruptcy summons issued by the petitioner on the 23rd October, 2017 should be dismissed pursuant to s. 8 (6) of the Bankruptcy Act, 1988 as amended - financial institution offered the respondent certain facilities by letters of loan offer dated 2nd May, 2007 and 30th April, 2008 which were duly accepted by the respondent - petitioner served a particulars of demand and notice requiring payment prior to the issue of a bankruptcy summons on the respondent which was dated the 4th May, 2017 and claimed payment in the sum of €20,025,705.17 - respondent did not pay the sum or any part thereof and the petitioner applied for and was given leave to issue a bankruptcy summons against the respondent on the 23rd October, 2017 - petitioner obtained order for substituted service by ordinary prepaid post - respondent says bankruptcy summons was expired when it was served - Court can extend time pursuant to Order 122, RSC - respondent accepts that there is no issue with the transfer of the loans and security from asset management company to the petitioner - no issue would arise for trial - application to dimiss bankruptcy summons refused.