Langan v Personal Insolvency Acts 2012-2015 (Approved) [2023] IEHC 410 (13 July 2023)

Langan v Personal Insolvency Acts 2012-2015 (Approved) [2023] IEHC 410 (13 July 2023)

The objections of Promontoria (Aran) Limited were not valid; the charge in favour of Tom Casey did not constitute a preference under s.120(h); the PIP and Tom Casey were entirely successful and entitled to their costs; the order of 8 March 2021 should be amended to accurately reflect the court's decision; no stay pending appeal was granted due to lack of information on the grounds of appeal.

Citation
[2023] IEHC 410
Parties
Personal Insolvency Practitioner (applicant): Gary Digney; Objecting Creditor (respondent): Promontoria (Aran) Limited; Secured Creditor (interested Party): Tom Casey; Debtor: David Langan
Jurisdiction
Ireland
Judgment Date
13 July 2023
Procedural Posture
Personal Insolvency Application Under S.115 A(9) of the Personal Insolvency Acts 2012 2015 / Ruling on Orders and Costs Following Substantive Judgment
Outcome
Application granted; objections dismissed; costs awarded to PIP and Tom Casey; order of 8 March 2021 amended; stay of one week on final order.
Legal Topics
Personal Insolvency Arrangements, Preference Under S.120(h), Costs Orders, Secured Creditors' Rights
Insolvency Law Civil Procedure Personal Insolvency Arrangements Preference Under S.120(h) Costs Orders Secured Creditors' Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gary Digney

Personal Insolvency Practitioner (applicant)

Promontoria (Aran) Limited

Objecting Creditor (respondent)

Tom Casey

Secured Creditor (interested Party)

David Langan

Debtor

Procedural Posture

Personal Insolvency Application Under S.115 A(9) of the Personal Insolvency Acts 2012 2015 / Ruling on Orders and Costs Following Substantive Judgment

Legal Issues

  1. 1 Whether the charge in favour of Tom Casey constituted a preference under s.120(h) of the Personal Insolvency Acts 2012-2015
  2. 2 Whether the Personal Insolvency Arrangement was unfairly prejudicial to Promontoria (Aran) Limited under s.115A(9)(f)
  3. 3 Entitlement to costs for the PIP and Tom Casey

Ratio Decidendi

The objections of Promontoria (Aran) Limited were not valid; the charge in favour of Tom Casey did not constitute a preference under s.120(h); the PIP and Tom Casey were entirely successful and entitled to their costs; the order of 8 March 2021 should be amended to accurately reflect the court's decision; no stay pending appeal was granted due to lack of information on the grounds of appeal.

Court Disposition

Application granted; objections dismissed; costs awarded to PIP and Tom Casey; order of 8 March 2021 amended; stay of one week on final order.

Orders

  • The PIP and Tom Casey are entitled to their costs of the application, to be adjudicated in default of agreement.
  • The order of 8 March 2021 is amended as set out in the ruling, confirming Tom Casey's debt of €256,800 as secured by first legal charge over 7 Sandy Lane, Wexford.