Macari, Re [2017] NICh 5 (07 February 2017)
The appellant's habitual and ascertainable place of residence is in Northern Ireland, the move was genuine and not an attempt at forum shopping, and sufficient evidence now establishes his COMI in Northern Ireland, entitling him to self-adjudication as bankrupt there.
- Citation
- [2017] NICh 5
- Parties
- Appellant/debtor/petitioner: Antonio Macari; Respondent (decision Maker at First Instance): Master Kelly
- Jurisdiction
- Northern Ireland
- Judgment Date
- 07 February 2017
- Procedural Posture
- Bankruptcy Appeal / Appeal From Master's Decision
- Outcome
- Appeal allowed
- Legal Topics
- Centre of Main Interests (comi), Jurisdiction for Insolvency Proceedings, Forum Shopping, Habitual Residence
Case Brief
Summary, issues, holding and outcome
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Parties
Antonio Macari
Appellant/debtor/petitioner
Master Kelly
Respondent (decision Maker at First Instance)
Procedural Posture
Bankruptcy Appeal / Appeal From Master's Decision
Legal Issues
- 1 Whether the appellant's centre of main interests (COMI) is in Northern Ireland for the purposes of opening insolvency proceedings
- 2 Whether the move to Northern Ireland was genuine or an attempt at forum shopping
Ratio Decidendi
The appellant's habitual and ascertainable place of residence is in Northern Ireland, the move was genuine and not an attempt at forum shopping, and sufficient evidence now establishes his COMI in Northern Ireland, entitling him to self-adjudication as bankrupt there.
Court Disposition
Appeal allowed
Orders
- Application for self-adjudication as bankrupt in Northern Ireland granted
- No order as to costs
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