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No real and substantive grounds upon which to dismiss a bankruptcy summons
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High Court refuses application by judgment debtor to dismiss a bankruptcy summons on the basis of, inter alia, alleged technical defects in the summons, finding that none of the applicant's claims amount to a determinative real and substantive issue from which the court could dismiss the summons under the applicable legislative regime.
Bankruptcy - debtor's application to dismiss summons - bankruptcy legislative regime - court's inherent jurisdiction - principles to be applied - whether an issue arises for trial - name of creditor institution different on statutory demand and summons to name on petition - change of name between issue and service of summons - change in status of creditor company from public limited to private limited company - whether possibility that articles of association could have been changed so as to effect the creditor's entitlement to collect debts due to bank - change of name and status not determinative - banking license irrelevant to collecting of debts - whether failure to set out on summons what debtor must do if debt is disputed sufficient to dismiss summons - Order 76 r.12(4) RSC - consent judgment in sum of €1.9 million dated November 2010 - whether spreadsheet attached to statutory demand is inaccurate - whether debtor misled by summons - whether debtor correctly credited with rent recovered in respect of the premises - debtor not misled as he believed particulars of demand were inaccurate - objective test - lack of opportunity granted by creditor to discuss settlement terms not determinative - no supporting evidence presented - whether a substantial issue to be tried between debtor and judgment creditor arising from separate proceedings between debtor and receivers appointed by creditor - whether a claim in damages with the potential for set-off against judgment debt - liability of bank for conduct of its receivers - alleged de facto agency of receivers - not a real and substantial issue to be tried - outcome of receivers' claims against tenants of secured properties not determinative of present application - application refused.
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