High Court, in plenary proceedings, grants declaration that a conveyance of a quantity of grain to the second defendant company by the first defendant is void as a fraudulent disposition, on the grounds that the intent of the first defendant in completing the conveyance was to delay and defraud his own creditors, whom he owed substantial sums.
Plenary proceedings - declaratory relief - whether conveyance of quantity of grain/entitlement to monies due in respect of sale is void as a fraudulent disposition - land and conveyancing legislation - notice party as subsequent purchasers of grain - judgment granted to plaintiff against first defendant by Master of High Court in 2010 - plaintiff's case - purchase of grain between parties subject to deduction for outstanding judgment debt - anonymous letter received by plaintiff stating defendant was delivering grain to notice party with a view towards frustrating existing creditors' claims - marvea injunction subsequently granted against defendant preventing further dissipation of proceeds of sale - €352,000 debt remains outstanding - defendant farmer's evidence - no intention to defraud - separate business set up to advance a better credit rating and to leave something to children - legislative regime in place - court satisfied transfer of grain was made with intent to defraud - can be inferred that defendant knew his own creditors would be at risk as a result of the transfer - new business had already been operating for some time prior to the transfer - express intent to defeat and delay creditors - presumption of fraudulent transaction - no hierarchy or mutual exclusivity between differing enforcement procedures - whether plaintiff should have enforced his judgment another way - transfer void as conveyance made with intent to defraud.