McIlveen v Turley & Anor (t/a Ulster Property Sales) [2014] NIMaster 3 (19 February 2014)

McIlveen v Turley & Anor (t/a Ulster Property Sales) [2014] NIMaster 3 (19 February 2014)

The applicant failed to demonstrate any substantial ground for disputing the debt. The evidence showed the debt arose from a fixed sum loan agreement personally negotiated and entered into by the applicant, with no credible evidence of prior dispute or coercion. The applicant's reliance on the Goldblatt McGuigan report did not establish a triable issue or viable defence.

Citation
[2014] NIMaster 3
Parties
Applicant: David McIlveen; Respondents: Desmond Turley & Denise Ervine t/a Ulster Property Sales
Jurisdiction
Northern Ireland
Judgment Date
19 February 2014
Procedural Posture
Bankruptcy (chancery Division) Application to Set Aside Statutory Demand / Decision on Application to Set Aside Statutory Demand
Outcome
Application to set aside statutory demand refused
Legal Topics
Statutory Demand, Setting Aside Statutory Demand, Personal Loan Agreement, Bankruptcy, Debt Dispute
Insolvency Contract Statutory Demand Setting Aside Statutory Demand Personal Loan Agreement Bankruptcy Debt Dispute

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Parties

David McIlveen

Applicant

Desmond Turley & Denise Ervine t/a Ulster Property Sales

Respondents

Procedural Posture

Bankruptcy (chancery Division) Application to Set Aside Statutory Demand / Decision on Application to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether the applicant has a substantial ground to dispute the debt claimed in the statutory demand
  2. 2 Whether the applicant was liable for the Central Overhead costs under the franchise agreement
  3. 3 Whether the applicant was pressurised into signing the loan agreement

Ratio Decidendi

The applicant failed to demonstrate any substantial ground for disputing the debt. The evidence showed the debt arose from a fixed sum loan agreement personally negotiated and entered into by the applicant, with no credible evidence of prior dispute or coercion. The applicant's reliance on the Goldblatt McGuigan report did not establish a triable issue or viable defence.

Court Disposition

Application to set aside statutory demand refused

Orders

  • The statutory demand stands; the application to set aside is dismissed.