Re: Taffe & The Personal Insolvency Acts 2012- 2015 [2018] IEHC 468 (03 August 2018)

Re: Taffe & The Personal Insolvency Acts 2012- 2015 [2018] IEHC 468 (03 August 2018)

The debtor is not necessarily bound by the description of principal private residence in the PIA for the purposes of a s.115A application. The court must determine, based on evidence at the substantive hearing, where the debtor ordinarily resides. The relevant debt requirement under s.115A must be established by evidence, and the court is not precluded from considering affidavit or other evidence to resolve discrepancies between the PIA and the PFS. Any discrepancy must be fully explained by the debtor and/or practitioner, and the objecting creditor may adduce contrary evidence. The PIA remains capable of taking effect if the court is satisfied as to the true principal private residence...

Citation
[2018] IEHC 468
Parties
Debtor: Donal Taaffe; Creditor/objector: Governor and Company of the Bank of Ireland; Creditor: Revenue Commissioners; Creditor/objector: Pentire Property Finance DAC; Creditor: IG Markets Ltd.; Creditor: Cabot Financial Ireland Ltd.
Jurisdiction
Ireland
Judgment Date
03 August 2018
Procedural Posture
Personal Insolvency Act Application (s.115 A) / Preliminary Issue Determination Prior to Substantive S.115 a Hearing
Outcome
Preliminary issue resolved: the debtor is not bound by the PIA's description of principal private residence for s.115A purposes; matter to proceed to substantive hearing with evidence required on the true principal private residence and explanation for discrepancy.
Legal Topics
Personal Insolvency Arrangement, Principal Private Residence, Relevant Debt Definition, Good Faith Obligation, Court Jurisdiction Under S.115 a
Insolvency Law Banking Law Civil Procedure Personal Insolvency Arrangement Principal Private Residence Relevant Debt Definition Good Faith Obligation Court Jurisdiction Under S.115 a

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Parties

Donal Taaffe

Debtor

Governor and Company of the Bank of Ireland

Creditor/objector

Revenue Commissioners

Creditor

Pentire Property Finance DAC

Creditor/objector

IG Markets Ltd.

Creditor

Cabot Financial Ireland Ltd.

Creditor

Procedural Posture

Personal Insolvency Act Application (s.115 A) / Preliminary Issue Determination Prior to Substantive S.115 a Hearing

Legal Issues

  1. 1 Whether the debtor is bound by the description of principal private residence in the PIA for the purposes of s.115A application
  2. 2 Whether extraneous evidence can be admitted to establish the debtor's principal private residence under the Personal Insolvency Acts
  3. 3 Whether a discrepancy between the PFS and PIA as to principal private residence affects the court's jurisdiction under s.115A

Ratio Decidendi

The debtor is not necessarily bound by the description of principal private residence in the PIA for the purposes of a s.115A application. The court must determine, based on evidence at the substantive hearing, where the debtor ordinarily resides. The relevant debt requirement under s.115A must be established by evidence, and the court is not precluded from considering affidavit or other evidence to resolve discrepancies between the PIA and the PFS. Any discrepancy must be fully explained by the debtor and/or practitioner, and the objecting creditor may adduce contrary evidence. The PIA remains capable of taking effect if the court is satisfied as to the true principal private residence...

Court Disposition

Preliminary issue resolved: the debtor is not bound by the PIA's description of principal private residence for s.115A purposes; matter to proceed to substantive hearing with evidence required on the true principal private residence and explanation for discrepancy.

Orders

  • Debtor and/or personal insolvency practitioner to provide affidavit evidence explaining the discrepancy between the PIA and other documents regarding principal private residence.
  • Objecting creditor (Bank of Ireland) permitted to adduce evidence on the issue at the substantive s.115A hearing.