Bank of Ireland v. H. (D.) [2000] IEHC 152 (20th March, 2000)

Bank of Ireland v. H. (D.) [2000] IEHC 152 (20th March, 2000)

The court has jurisdiction under Rule 25 of Order 76 to order substituted service of a bankruptcy petition by public advertisement where personal service and other substituted modes have failed, especially when the act of bankruptcy is non-compliance with a bankruptcy summons.

Citation
[2000] IEHC 152
Parties
Petitioner: Petitioner (unnamed); Respondent: Debtor (unnamed)
Jurisdiction
Ireland
Procedural Posture
Bankruptcy Application / Application for Substituted Service of Petition
Outcome
Order granted
Legal Topics
Substituted Service, Service by Public Advertisement, Bankruptcy Summons, Petition for Adjudication
Bankruptcy Substituted Service Service by Public Advertisement Bankruptcy Summons Petition for Adjudication

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 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Petitioner (unnamed)

Petitioner

Debtor (unnamed)

Respondent

Procedural Posture

Bankruptcy Application / Application for Substituted Service of Petition

Legal Issues

  1. 1 Whether the court has jurisdiction to order substituted service of a bankruptcy petition by public advertisement
  2. 2 Whether substituted service by public advertisement is appropriate in this case

Ratio Decidendi

The court has jurisdiction under Rule 25 of Order 76 to order substituted service of a bankruptcy petition by public advertisement where personal service and other substituted modes have failed, especially when the act of bankruptcy is non-compliance with a bankruptcy summons.

Court Disposition

Order granted

Orders

  • Notice of the petition to be given by public advertisement in the form submitted by Mr. Ferriter