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The Court of Appeal refused an application by the appellant for leave to seek a review of its earlier judgment that had dismissed his appeal from the High Court regarding the treatment of his remaining assets following bankruptcy. The appellant argued that when discharged from bankruptcy, all unrealised assets should revert to him within three years, rather than remain indefinitely with the Official Assignee, citing concerns for fairness and the intent of bankruptcy law reforms. The court found no exceptional circumstances to justify reopening its decision, holding that its interpretation of the law only allows automatic re-vesting of a family home—not all assets—after three years. Concluding the applicant did not demonstrate a denial of justice or breach of constitutional rights, the panel directed that the application could not proceed.
Court of Appeal – bankruptcy – Official Assignee – discharge from bankruptcy – unrealised assets – family home exception – appellate procedure – review of judgment – constitutional rights – Practice Direction 14 (PD 14) – High Court – automatic discharge – role of the Oireachtas – Bankruptcy Act 1988 – appeal outcome
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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