O'Donnell & anor -v- Lehane [2016] IEHC 205 (18 April 2016)

O'Donnell & anor -v- Lehane [2016] IEHC 205 (18 April 2016)

The right to seek an extension of time to appeal a judgment relating to property vested in the Official Assignee is itself vested in the Official Assignee; the bankrupts have no locus standi. The Supreme Court's dismissal of the extension application is final, and a subsequent application, even if locus standi is later acquired, would be an abuse of process.

Citation
[2016] IEHC 205
Parties
Applicant: Brian O'Donnell; Applicant: Mary Patricia O'Donnell; Official Assignee / Respondent: Christopher Lehane
Jurisdiction
Ireland
Judgment Date
18 April 2016
Procedural Posture
Bankruptcy Motion / High Court Determination of Motion to Compel Official Assignee to Permit or Assign Chose in Action for Appeal
Outcome
Application dismissed
Legal Topics
Locus Standi in Bankruptcy, Assignment of Chose in Action, Extension of Time to Appeal, Role of Official Assignee
Bankruptcy Civil Procedure Locus Standi in Bankruptcy Assignment of Chose in Action Extension of Time to Appeal Role of Official Assignee

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Brian O'Donnell

Applicant

Mary Patricia O'Donnell

Applicant

Christopher Lehane

Official Assignee / Respondent

Procedural Posture

Bankruptcy Motion / High Court Determination of Motion to Compel Official Assignee to Permit or Assign Chose in Action for Appeal

Legal Issues

  1. 1 Whether bankrupts have locus standi to seek extension of time to appeal judgment vested in Official Assignee
  2. 2 Whether Official Assignee can be compelled to assign chose in action to bankrupts for purpose of appeal
  3. 3 Whether a fresh application for extension of time to appeal can be brought after Supreme Court dismissal

Ratio Decidendi

The right to seek an extension of time to appeal a judgment relating to property vested in the Official Assignee is itself vested in the Official Assignee; the bankrupts have no locus standi. The Supreme Court's dismissal of the extension application is final, and a subsequent application, even if locus standi is later acquired, would be an abuse of process.

Court Disposition

Application dismissed

Orders

  • Refusal of motion to compel Official Assignee to permit or assign chose in action for appeal
  • Dismissal of notice of motion