Court of Appeal dismisses appeal of High Court order extending the period of bankruptcy until 2020 of a bankrupt who had failed to cooperate as required, had not disclosed all of his assets, and had indeed hidden assets, on the grounds that the trial judge was correct in concluding that the Official Assignee was entitled to rely, in so far as he did, on the information gained from documents and material seized when he gained entry, albeit unlawfully, to a premises.
Bankruptcy – section 85 of the Bankruptcy Act, 1988 – appeal of High Court order extending the period of bankruptcy until 30th May 2020 – Personal Insolvency Act 2012 – appellant had failed to cooperate as required, had not disclosed all of his assets, and had indeed hidden assets – whether the trial judge wrongly admitted into evidence certain documents which were allegedly illegally obtained and removed from the premises of Coalport Building Company Limited – unlawful entry and seizure of documents and computers – no constitutional rights of the appellant himself were breached – trial judge was correct in concluding that the Official Assignee was entitled to rely, in so far as he did, on the information gained from documents and material seized when he gained entry, albeit unlawfully, to the Holles Street premises – non-co-operation by the bankrupt – reviewability of Official Assignee’s decision to bring an application under s. 85A for an extension of bankruptcy – proportionality of the extension order granted – appeal dismissed.