Statute allows for extension of time to lodge opposition to proposed Personal Insolvency Arrangement

Appeal of debtor against decision of Personal Insolvency Judge to grant creditor bank extension of time to object to Personal Insolvency Arrangement (PIA) - debtor made a proposal for a PIA which was rejected at a meeting of creditors on 4th January, 2017 - Personal Insolvency Practitioner (PIP) issued a notice of motion pursuant to s. 115A(9) of the Personal Insolvency Acts 2012 – 2015 (the Act) that the court would approve the coming into effect of a PIA - issues for determination: (a) whether the time limit provided in the statute for the lodging of a notice of objection is one that is capable of being extended and (b) whether the Insolvency Judge has jurisdiction to extend the time - procedural rules governing an application under s. 115A are set out in the section and in O. 73 of the Circuit Court Rules - under s. 115A(2) debtor's PIP must make application within 14 days of creditor's meeting - s. 115A(3) provides for service of the notice of motion on “all creditors concerned” and for the service of a notice making provision for opposition by creditors to the application within 14 days - debtor argues that a strict time limit exists for the lodging by a creditor of a statutory notice of objection - debtor says creditor's objection must be lodged within 14 days of service of notice by debtor - debtor does so by analogy with s. 115A(2) - court finds that purpose of the notice of objection is to provide a form of pleading which sets out the basis of the objection - purpose of the notice of objection is to foster expedition and to provide a cost effective means by which the hearing is to be conducted - court notes that there is no free-standing section in Act laying down time-limit for lodging of objection, unlike time-limit imposed by s. 115A(2) - PIA has potentially serious impact on Constitutional rights of creditor - Court finds that no strict time limit imposed by Act - part 6 of the Act deals with powers of Insolvency Judges - Insolvency Judge may exercise only powers conferred by statute - specialist judges of the Circuit Court by statute have been vested with the power to make any order that may be made by a County Registrar under s. 34(1) of the Second Schedule to the Court and Court Officers Act 1995 (“the Act of 1995”) - express power to extend time is contained in Section 1(iii) of the Second Schedule to the Act of 1995 - accordingly court finds Insolvency Judge does power to extend time - Court rejects debtors submission that principles outlined in Eire Continental concerning extension of time to appeal should apply: namely existence of intention to appeal, circumstances akin to mistake and a arguable ground of appeal - as already noted, notice of objection is akin to a pleading - accordingly, decision whether to grant extension is at the discretion of the Insolvency Judge - appeal of debtor rejected.