Punitive costs order made against debtor’s solicitor where evidence presented was severely defective

Appeal brought by objecting creditor against insolvency arrangement approved by Circuit Court – contends that statutory requirements have not been made and that there are concerns with the manner in which exhibits were added to the sworn affidavits – debt not in issue - exhibits in affidavit post date the swearing of the affidavit – deeply concerning to the Court – appeal had been adjourned pending explanation – principal objections to the proposed arrangements were that a commercial asset had been retained, a mandatory assessment had not been carried out and a large number of discrepancies were in the papers, as well as the consequences of the tainted affidavits – also drew attention to obligation of good faith under s118 – alleged multiple examples of debtor simply changing evidence when challenged – thus, statutory requirements of good evidence not met – practitioner claims inconsistencies were as a result of professional shortcomings, not the fault of the debtor – commercial asset was a smaller sub unit of his dwelling place and the rent from such was essential income – court finds it likely that no exhibits were attached to affidavits when sworn – no genuine falsehood on the part of the debtor, only professional failings – court has power to dismiss applications for such but not exercised here – issues raised by objecting creditor dismissed and arrangement affirmed – punitive costs order made against debtor’s solicitor.