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High Court dismisses application to annul an adjudication of bankrupcy, where the bankrupt had issued a notice of appeal of an earlier refusal to dismiss the bankruptcy summons on exactly the same grounds as the application for annulment, on grounds that this constituted an abuse of process, and that there were, in any event, no compelling reasons to annul the adjudication.
Application to annul an adjudication of bankruptcy - s. 85C of the Bankruptcy Act 1988 - bankruptcy summons in 2013 - prior application to dismiss summons - whether debtor ought to have been adjudicated a bankrupt - discretionary jurisdiction - whether High Court (Dunne J) had failed to comply with requirements of s 14(2), Bankruptcy Act 1988 - whether compelling reasons to annul adjudication - notice of appeal issued on same grounds - appeal pending - opportunity of debtor to consult with personal insolvency practitioner and prepare insolvency arrangement prior to adjudication.
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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