Hurl v Lupari & Anor [2016] NIQB 53 (9 June 2016)

Hurl v Lupari & Anor [2016] NIQB 53 (9 June 2016)

The assets of the bankrupt, including any shares, remain vested in the trustee in bankruptcy after discharge, and the bankrupt is not entitled to represent himself as beneficial owner of such assets. An interlocutory injunction is warranted to restrain the first defendant from making contrary representations pending trial.

Citation
[2016] NIQB 53
Parties
Plaintiff: Colm Hurl; First Defendant: Emmanuel Lupari; Second Defendant (trustee in Bankruptcy of Emmanuel Lupari): James B Kennedy
Jurisdiction
Northern Ireland
Judgment Date
09 June 2016
Procedural Posture
Commercial List Proceedings / Interlocutory Application for Injunction Pending Trial
Outcome
Interlocutory injunction granted pending trial; costs reserved.
Legal Topics
Vesting of Assets in Trustee in Bankruptcy, Effect of Bankruptcy Discharge, Declarations and Injunctions, Cross Jurisdictional Asset Claims
Insolvency Bankruptcy Commercial Law Vesting of Assets in Trustee in Bankruptcy Effect of Bankruptcy Discharge Declarations and Injunctions Cross Jurisdictional Asset Claims

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Parties

Colm Hurl

Plaintiff

Emmanuel Lupari

First Defendant

James B Kennedy

Second Defendant (trustee in Bankruptcy of Emmanuel Lupari)

Procedural Posture

Commercial List Proceedings / Interlocutory Application for Injunction Pending Trial

Legal Issues

  1. 1 Whether assets (including shares) of the bankrupt remain vested in the trustee after discharge from bankruptcy
  2. 2 Whether the first defendant can represent himself as beneficial owner of shares post-bankruptcy
  3. 3 Whether an interlocutory injunction should be granted restraining such representation

Ratio Decidendi

The assets of the bankrupt, including any shares, remain vested in the trustee in bankruptcy after discharge, and the bankrupt is not entitled to represent himself as beneficial owner of such assets. An interlocutory injunction is warranted to restrain the first defendant from making contrary representations pending trial.

Court Disposition

Interlocutory injunction granted pending trial; costs reserved.

Orders

  • Injunction restraining Emmanuel Lupari from representing, by himself or agents, that he is entitled as of now to the beneficial ownership of shares held in Bodrum Ege Gayrimenkul Pazarlama Insaat Ticaret ve Sanayi Ltd. Sirketi Reg. No. 178 055 4306, as such ownership remains vested in the trustee in bankruptcy,...
  • Costs reserved to the trial judge.