In the matter of Kenneth Joyce, A Bankrupt (Approved) [2023] IEHC 158 (29 March 2023)

In the matter of Kenneth Joyce, A Bankrupt (Approved) [2023] IEHC 158 (29 March 2023)

The Official Assignee is entitled to recover his costs of both the extension application and resisting the bankrupt's application as costs in the bankruptcy, since the bankrupt's application was a response to the extension application and incurred separate costs.

Source-derived case information.

Citation
[2023] IEHC 158
Parties
Bankrupt: Kenneth Joyce; Applicant/respondent: Official Assignee in Bankruptcy
Jurisdiction
Ireland
Judgment Date
29 March 2023
Procedural Posture
Bankruptcy Application / Costs Ruling Post Judgment
Outcome
costs awarded to Official Assignee in Bankruptcy
Legal Topics
Extension of Bankruptcy, Costs in Bankruptcy
Bankruptcy Extension of Bankruptcy Costs in Bankruptcy

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Parties

Kenneth Joyce

Bankrupt

Official Assignee in Bankruptcy

Applicant/respondent

Procedural Posture

Bankruptcy Application / Costs Ruling Post Judgment

Legal Issues

  1. 1 entitlement to costs for extension application
  2. 2 entitlement to costs for resisting bankrupt's application

Ratio Decidendi

The Official Assignee is entitled to recover his costs of both the extension application and resisting the bankrupt's application as costs in the bankruptcy, since the bankrupt's application was a response to the extension application and incurred separate costs.

Court Disposition

costs awarded to Official Assignee in Bankruptcy

Orders

  • Order awarding OA his costs of the s.85(4A) application in the bankruptcy.
  • Order for OA’s costs of resisting the bankrupt’s application in the bankruptcy, as costs incurred in connection with the prosecution of the extension application.