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Northern Irish High Court grants order to annul order of bankruptcy on grounds that the respondent's centre of main interest was in the Republic of Ireland.
Bankruptcy - application to annul order of bankruptcy - Article 256(1)(a), Insolvency (Northern Ireland) Order 1989 - Council Regulation (EC) No. 1346/2000 of 29 May 2000 on Insolvency Proceedings - "forum shopping" - whether bankruptcy in other jurisdiction would be oppressive - "centre of main interests" - the place where the debtor conducts the administration of his interests on a regular basis and is therefore ascertainable by third parties - “The Virgos-Schmit Report” - speed of hearing bankruptcy petition (one day after filing) - centre of administration of interests prior to presentation of bankruptcy petition - whether centre ascertainable to third parties - residence south of border - office north of border - respondent no longer involved in management of former companies - nature of business conducted in office - claim that new business being explored - no accountant or solicitor retained - lack of correspondence or other documentation relating to alleged office - whether lease for alleged office prepared at later date to bolster case for centre of main interest - habitual residence in Republic of Ireland - Irish passport - on electoral register in Republic - loans from applicant not in sterling but in yen, dollars and euro - acknowledged low profile in Northern Ireland - non-disclosure of material fact - duty to make full and frank disclosure in ex parte application - failure to disclose that respondent had Irish passport and no UK passport - failure to disclose that 20% of respondent's tax paid in Republic of Ireland by agreement with revenue authorities - failure to disclose that respondent voted in Republic of Ireland and not Northern Ireland.
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