Boyle, A Bankrupt, In the Matter of [1998] IESC 47 (27th November, 1998)

Boyle, A Bankrupt, In the Matter of [1998] IESC 47 (27th November, 1998)

The evidence did not support Mr. Boyle's claim that the debt was a company debt; the creditor dealt with him personally, and the issue was raised too late. The appeal was unstateable and must be dismissed.

Citation
[1998] IESC 47
Parties
Appellant: Mr. Boyle; Respondent: Ardfert Quarry Products Ltd.
Jurisdiction
Ireland
Procedural Posture
Bankruptcy Appeal / Appeal From High Court Judgment Refusing to Set Aside Bankruptcy Adjudication
Outcome
Appeal dismissed
Legal Topics
Bankruptcy Adjudication, Personal Liability for Company Debts, Setting Aside Default Judgment
Insolvency Law Contract Law Bankruptcy Adjudication Personal Liability for Company Debts Setting Aside Default Judgment

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Parties

Mr. Boyle

Appellant

Ardfert Quarry Products Ltd.

Respondent

Procedural Posture

Bankruptcy Appeal / Appeal From High Court Judgment Refusing to Set Aside Bankruptcy Adjudication

Legal Issues

  1. 1 Whether Mr. Boyle was personally liable for the debt or whether it was a company debt
  2. 2 Whether the bankruptcy adjudication should be set aside

Ratio Decidendi

The evidence did not support Mr. Boyle's claim that the debt was a company debt; the creditor dealt with him personally, and the issue was raised too late. The appeal was unstateable and must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Mr. Boyle to file a statement of affairs with the official assignee without delay