In the matter of Dunne (a bankrupt) [2013] IEHC 583 (06 December 2013)

In the matter of Dunne (a bankrupt) [2013] IEHC 583 (06 December 2013)

The court found that substituted service was properly effected and that the bankrupt was domiciled in Ireland within three years of the petition, satisfying s.11(1)(d) of the Bankruptcy Act 1988 as amended. The existence of US bankruptcy proceedings did not preclude Irish adjudication, as dual bankruptcy is not prohibited by Irish law. The bankrupt failed to discharge the onus to show cause for annulment under s.16 or s.85(5)(b).

Citation
[2013] IEHC 583
Parties
Bankrupt: Sean Dunne; Petitioner: Ulster Bank plc
Jurisdiction
Ireland
Judgment Date
06 December 2013
Procedural Posture
Bankruptcy / Application to Show Cause Against Adjudication of Bankruptcy
Outcome
application to show cause dismissed; adjudication of bankruptcy upheld
Legal Topics
Service of Process, Domicile, Ordinary Residence, Carrying on Business, Dual Bankruptcy, Jurisdiction, Retrospective Legislation
Insolvency Bankruptcy Private International Law Service of Process Domicile Ordinary Residence Carrying on Business Dual Bankruptcy +2 more

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 5 Authorities cited 22 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Sean Dunne

Bankrupt

Ulster Bank plc

Petitioner

Procedural Posture

Bankruptcy / Application to Show Cause Against Adjudication of Bankruptcy

Legal Issues

  1. 1 Whether service of the bankruptcy petition was valid and sufficient
  2. 2 Whether the bankrupt satisfied the jurisdictional requirements under s.11(1)(d) of the Bankruptcy Act 1988
  3. 3 Whether the existence of US bankruptcy proceedings precludes Irish adjudication

Ratio Decidendi

The court found that substituted service was properly effected and that the bankrupt was domiciled in Ireland within three years of the petition, satisfying s.11(1)(d) of the Bankruptcy Act 1988 as amended. The existence of US bankruptcy proceedings did not preclude Irish adjudication, as dual bankruptcy is not prohibited by Irish law. The bankrupt failed to discharge the onus to show cause for annulment under s.16 or s.85(5)(b).

Court Disposition

application to show cause dismissed; adjudication of bankruptcy upheld

Orders

  • The application to show cause against the adjudication of bankruptcy is dismissed.
  • The adjudication of bankruptcy stands.