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Supreme Court dismisses appeal from High Court, and affirms determination that two debtors had their "centre of main interest" in Ireland at the time a creditor initiated bankruptcy proceedings against them, on the grounds that they had extensive business interests conducted from Ireland and that any change was not readily ascertainable to their creditors.
Laffoy J (nem diss): Bankruptcy - appeal from High Court - centre of main interest of applicants - whether in Ireland - Article 3(1) of Council Regulation (EC) No. 1346/2000 (the Insolvency Regulation) - heard on affidavit evidence - no cross-examination of bank official - relevant date for adjudicating centre of main interest of debtor - held in High Court to be the date on which the application was first lodged - whether centre of main interest was Ireland or England - whether change was ascertainable by creditors - place where debtor conducted administration of interests on a regular basis - massive judgment against debtors in Ireland - debtors told national radio interview that property in Ireland was their "home" - listing of debtor as director of companies registered in Ireland - application to Law Society of Ireland for practising certificate - burden of proving centre of main interest - role of Supreme Court on appeal - risks in failing to cross examine deponent on affidavit evidence - resolution of conflicts of fact against party that bore onus of proof - nature and quality of evidence before the High Court.
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