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Costs awarded against unsuccessful creditor in appeal of insolvency arrangement
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High Court, following an unsuccessful appeal against a refusal of the Circuit Court to endorse a personal insolvency arrangement, made an order of costs against the unsuccessful creditor as: (a) the practice concerning making no order as to costs in these matters does not apply to appeals; and (b) the arguments raised by the creditor were neither novel nor of assistance to the Court.
Costs of appeal – appeal had been dismissed with creditor unsuccessful – S115(A) of the Personal Insolvency Act 2012 – costs entirely at discretion of Court – practice is that a first hearing under s.115 should incur no order as to costs if substantive issues raised either in law or evidence by unsuccessful creditor - but no practice for appeals – open to the Court to do so if the court feels the unsuccessful creditor has been of assistance to the Court – creditors argument in instant case neither novel nor of assistance – action likely to be unsuccessful in any event as value of debt exceeded value of home - not appropriate to make an order of no costs – order of costs against unsuccessful creditor.
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