Bank of Ireland v. H. (D.) [2000] IEHC 172 (20th March, 2000)

Bank of Ireland v. H. (D.) [2000] IEHC 172 (20th March, 2000)

The court has jurisdiction to order substituted service of a bankruptcy petition by public advertisement where personal and other substituted service have failed, particularly where the act of bankruptcy is non-compliance with a bankruptcy summons, and it is just to do so in the circumstances.

Citation
[2000] IEHC 172
Parties
Applicant: Petitioner (Creditor); Respondent: Debtor
Jurisdiction
Ireland
Procedural Posture
Bankruptcy Application / Application for Substituted Service of Petition
Outcome
Order granted for substituted service by public advertisement.
Legal Topics
Substituted Service, Service of Process, Bankruptcy Petition, Public Advertisement
Bankruptcy Civil Procedure Substituted Service Service of Process Bankruptcy Petition Public Advertisement

Case Brief

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Parties

Petitioner (Creditor)

Applicant

Debtor

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 such an order is appropriate in the circumstances

Ratio Decidendi

The court has jurisdiction to order substituted service of a bankruptcy petition by public advertisement where personal and other substituted service have failed, particularly where the act of bankruptcy is non-compliance with a bankruptcy summons, and it is just to do so in the circumstances.

Court Disposition

Order granted for substituted service by public advertisement.

Orders

  • Notice of the petition to be given by public advertisement in the form submitted by counsel for the petitioner.