Re Hussey (a Bankrupt) [1987] IEHC 26 (13 September 1987)

Re Hussey (a Bankrupt) [1987] IEHC 26 (13 September 1987)

The Bankrupt is estopped from raising objections regarding the original adjudication at this stage, as he did not raise them during the motion to show cause and allowed the bankruptcy proceedings to continue.

Citation
[1987] IEHC 26
Parties
Bankrupt: Sean Hussey; Petitioning Creditor: Clondalkin Concrete Limited
Jurisdiction
Ireland
Judgment Date
13 September 1987
Procedural Posture
Bankruptcy / Application to Set Aside Adjudication
Outcome
Application dismissed
Legal Topics
Bankruptcy Adjudication, Company Seal Requirements, Estoppel
Insolvency Company Law Bankruptcy Adjudication Company Seal Requirements Estoppel

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Parties

Sean Hussey

Bankrupt

Clondalkin Concrete Limited

Petitioning Creditor

Procedural Posture

Bankruptcy / Application to Set Aside Adjudication

Legal Issues

  1. 1 Whether the adjudication of bankruptcy should be set aside due to improper affixing of company seal and breach of Articles of Association
  2. 2 Whether the Bankrupt is estopped from raising objections at this stage

Ratio Decidendi

The Bankrupt is estopped from raising objections regarding the original adjudication at this stage, as he did not raise them during the motion to show cause and allowed the bankruptcy proceedings to continue.

Court Disposition

Application dismissed

Orders

  • Application to set aside adjudication of bankruptcy dismissed