Re: Dunne a Bankrupt [2014] IEHC 113 (06 March 2014)

Re: Dunne a Bankrupt [2014] IEHC 113 (06 March 2014)

The Official Assignee is not a 'witness' for the purposes of O. 76, r. 73, and cross-examination of the Official Assignee on affidavits requires an application to the court under O. 76, r. 76(1). The bankrupt must specify the affidavits and matters for cross-examination and demonstrate necessity.

Citation
[2014] IEHC 113
Parties
Bankrupt/applicant: Sean Dunne; Respondent: Official Assignee; Supporting Party: Gayle Dunne; Supporting Party: John Dunne; Supporting Party: Traviata Ltd.
Jurisdiction
Ireland
Judgment Date
06 March 2014
Procedural Posture
Bankruptcy Application / Interlocutory Application for Cross Examination
Outcome
application refused as presented; directions given for proper procedure
Legal Topics
Cross Examination of Official Assignee, Affidavit Evidence, Ownership Dispute, Court Procedure
Bankruptcy Civil Procedure Cross Examination of Official Assignee Affidavit Evidence Ownership Dispute Court Procedure

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Parties

Sean Dunne

Bankrupt/applicant

Official Assignee

Respondent

Gayle Dunne

Supporting Party

John Dunne

Supporting Party

Traviata Ltd.

Supporting Party

Procedural Posture

Bankruptcy Application / Interlocutory Application for Cross Examination

Legal Issues

  1. 1 Whether the bankrupt is entitled to cross-examine the Official Assignee on affidavits sworn in the bankruptcy proceedings without leave of court
  2. 2 Whether the Official Assignee is a 'witness' under O. 76, r. 73 or subject to O. 76, r. 76(1) of the Rules of the Superior Courts

Ratio Decidendi

The Official Assignee is not a 'witness' for the purposes of O. 76, r. 73, and cross-examination of the Official Assignee on affidavits requires an application to the court under O. 76, r. 76(1). The bankrupt must specify the affidavits and matters for cross-examination and demonstrate necessity.

Court Disposition

application refused as presented; directions given for proper procedure

Orders

  • The bankrupt must serve a notice of motion on the Official Assignee specifying the affidavits and matters for cross-examination, supported by an affidavit explaining necessity.