M.G. -v- K.M. [2015] IEHC 43 (15 January 2015)

M.G. -v- K.M. [2015] IEHC 43 (15 January 2015)

The petition was not defective because the sum demanded was never in excess of the amount lawfully due, and the petitioner was entitled to claim interest on costs as provided for in the orders of fieri facias and under the applicable statutory provisions.

Citation
[2015] IEHC 43
Parties
Petitioner: M. G.; Debtor: K. M.
Jurisdiction
Ireland
Judgment Date
15 January 2015
Procedural Posture
Bankruptcy Petition / Judgment on Application to Dismiss Petition
Outcome
debtor's application to dismiss petition refused
Legal Topics
Interest on Costs, Statutory Demand, Bankruptcy Summons, Measurement of Costs
Bankruptcy Civil Procedure Interest on Costs Statutory Demand Bankruptcy Summons Measurement of Costs

Case Brief

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Parties

M. G.

Petitioner

K. M.

Debtor

Procedural Posture

Bankruptcy Petition / Judgment on Application to Dismiss Petition

Legal Issues

  1. 1 Whether the inclusion of interest on costs in the bankruptcy petition rendered the petition defective and liable to dismissal
  2. 2 Whether the petitioner was entitled to claim interest on costs under the relevant statutory provisions

Ratio Decidendi

The petition was not defective because the sum demanded was never in excess of the amount lawfully due, and the petitioner was entitled to claim interest on costs as provided for in the orders of fieri facias and under the applicable statutory provisions.

Court Disposition

debtor's application to dismiss petition refused

Orders

  • petition not dismissed
  • petition proceeds