Department Of Finance, Land And Property Services v Foster [2021] NICh 4 (20 April 2021)

Department Of Finance, Land And Property Services v Foster [2021] NICh 4 (20 April 2021)

The statutory demand was properly served; Mr Foster failed to set aside the statutory demand or appeal the decrees; his counterclaim and cross demand had no real prospect of success; there was no viable defence to the debt; and the bankruptcy order was properly made and affirmed.

Citation
[2002] NI 26
Parties
Plaintiff/respondent: Department of Finance, Land and Property Services; Defendant/appellant: Greg Foster
Jurisdiction
Northern Ireland
Judgment Date
20 April 2021
Procedural Posture
Bankruptcy Appeal / Appeal From Bankruptcy Order
Outcome
appeal dismissed; bankruptcy order affirmed
Legal Topics
Statutory Demand, Bankruptcy Petition, Judgment Debt, Counterclaim, Service of Process
Insolvency Bankruptcy Statutory Demand Bankruptcy Petition Judgment Debt Counterclaim Service of Process

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Parties

Department of Finance, Land and Property Services

Plaintiff/respondent

Greg Foster

Defendant/appellant

Procedural Posture

Bankruptcy Appeal / Appeal From Bankruptcy Order

Legal Issues

  1. 1 Whether the statutory demand was properly served on the debtor
  2. 2 Whether the debtor has a valid defence or counterclaim to the debt
  3. 3 Whether the bankruptcy order should be set aside or affirmed

Ratio Decidendi

The statutory demand was properly served; Mr Foster failed to set aside the statutory demand or appeal the decrees; his counterclaim and cross demand had no real prospect of success; there was no viable defence to the debt; and the bankruptcy order was properly made and affirmed.

Court Disposition

appeal dismissed; bankruptcy order affirmed

Orders

  • The appeal is dismissed.
  • The bankruptcy order made by the Master is affirmed.