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Bankruptcy petition upheld where no error as to amounts of principal and costs sought by debtor
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High Court refuses to dismiss bankruptcy petition for creditor's failure to pay sums due and owing on foot of two High Court orders for judgment, costs and interest, on the grounds that the debtor: a) never demanded payment in excess of sums owed; b) was entitled to rely on two orders of fire facias detailing interest owed; and c) the date upon which interest upon costs is to be calculated is of no application owing to the circumstances of granting of judgment.
Bankruptcy petition - creditor's failure to pay debts of approximately €425,000 plus interest on foot of two judgment orders in 2012 and 2013 respectively - act of bankruptcy as failure to pay sum demanded on bankruptcy summons of May 2014 - amount not disputed - whether petition ought to be dismissed on basis that amount sought in summons is greater than actual sum due and owing - whether jurisdiction to charge interest on costs where same had not been agreed or taxed or measured - costs measured by Master of High Court in one judgment - second judgment granted in default of appearance in Central Office - costs therefore prescribed by Rules of Superior Courts - date upon which interest to be calculated therefore of no application - application to refuse petition dismissed.
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