High Court grants order sought by bank for adjudication of bankruptcy of debtor in significant default to the sum of €3.6 million on foot of a prior judgment already obtained in the High Court, on the grounds that: a) the bank's petition was not brought for a collateral or improper purpose; b) the debtor's separate proceedings seeking damages against the bank and its receiver may be pursued by the eventual official assignee in its stead; c) the possibility of personal insolvency options is too remote given the level of debt and the attitude of creditors; and d) the court's inherent jurisdiction to stay the petition will not be exercised where the debtor has failed to establish a sufficient level of prejudice were the order to be made against him.
Petition for bankruptcy - judgment obtained in High Court in sum of €3.6 million, with bank holding €895,000 in security for debt - whether petition should be dismissed as having been brought for a collateral purpose - whether proceedings should be adjourned to allow debtor's separate proceedings against bank and its receiver to finalise - whether bank seeking to avoid judgment in separate proceedings - Court's jurisdiction - litigation between bank and debtor - alleged infirmity regarding sealing of mortgage deed was not pleaded by debtor in separate proceedings so bank unaware of precise nature of litigation until court hearings - no evidence of male fides or improper motive - debtor does not deny debt - significant level of debt due and owing - whether stay should be granted - misunderstanding by debtor or wide powers of official assignee in bankruptcy with regard to his separate claims - possibility of personal insolvency options - whether no practical reality - court mandated by statute to consider - no power to assess likely damages recoverable by debtor in receivership proceedings - creditors' consent or waiver - value of debtor's assets and liabilities - Court's inherent jurisdiction - creditor's prima facie entitlement to an adjudication order being made - petition properly before court - insufficient prejudice shown - order for adjudication of bankruptcy made.