Personal Insolvency Acts 2012-2015 v Fay (A Debtor) (Approved) [2020] IEHC 207 (08 May 2020)

Personal Insolvency Acts 2012-2015 v Fay (A Debtor) (Approved) [2020] IEHC 207 (08 May 2020)

No order as to costs is appropriate where the objecting creditor raised legitimate and systematic concerns about the evidence, and the moving party failed to disclose known defects, even though the moving party ultimately succeeded.

Citation
[2020] IEHC 207
Parties
Debtor: Mark Fay; Objecting Creditor: Pepper Finance Corporation (Ireland) DAC
Jurisdiction
Ireland
Judgment Date
08 May 2020
Procedural Posture
Circuit Appeal / Judgment on Costs Following Dismissal of Appeal
Outcome
No order as to costs; appeal dismissed; Circuit Court order affirmed; substitution of objecting creditor ordered.
Legal Topics
Personal Insolvency Arrangement, Costs, Appeal Procedure
Insolvency Law Civil Procedure Personal Insolvency Arrangement Costs Appeal Procedure

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Parties

Mark Fay

Debtor

Pepper Finance Corporation (Ireland) DAC

Objecting Creditor

Procedural Posture

Circuit Appeal / Judgment on Costs Following Dismissal of Appeal

Legal Issues

  1. 1 Whether costs should be awarded following dismissal of creditor's appeal against confirmation of a personal insolvency arrangement
  2. 2 Appropriate order as to costs where defects in evidence were raised by objecting creditor

Ratio Decidendi

No order as to costs is appropriate where the objecting creditor raised legitimate and systematic concerns about the evidence, and the moving party failed to disclose known defects, even though the moving party ultimately succeeded.

Court Disposition

No order as to costs; appeal dismissed; Circuit Court order affirmed; substitution of objecting creditor ordered.

Orders

  • No order as to costs
  • Order substituting Pepper as objecting creditor in lieu of Cooperatieve Rabobank U. A.