The Governor and Company of the Bank of Ireland v McFeely & Anor [2017] NIMaster 1 (20 January 2017)

The Governor and Company of the Bank of Ireland v McFeely & Anor [2017] NIMaster 1 (20 January 2017)

The Court refused to look behind the judgment as the Court of Appeal had already considered and rejected the same substantive arguments, making its decision binding on this Court.

Citation
[2017] NIMaster 1
Parties
Petitioner: The Governor and Company of the Bank of Ireland; Debtor: Gerard Noel McFeely; Debtor: Conal Derek McFeely
Jurisdiction
Northern Ireland
Judgment Date
20 January 2017
Procedural Posture
Bankruptcy Petition / Application to Dismiss Bankruptcy Petition
Outcome
application refused
Legal Topics
Look Behind Judgment, Dismissal of Bankruptcy Petition, Personal Guarantees
Insolvency Bankruptcy Look Behind Judgment Dismissal of Bankruptcy Petition Personal Guarantees

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Parties

The Governor and Company of the Bank of Ireland

Petitioner

Gerard Noel McFeely

Debtor

Conal Derek McFeely

Debtor

Procedural Posture

Bankruptcy Petition / Application to Dismiss Bankruptcy Petition

Legal Issues

  1. 1 Whether the court should exercise discretion under Article 240(3) of the Insolvency (Northern Ireland) Order 1989 to dismiss the bankruptcy petition by looking behind the judgment debt

Ratio Decidendi

The Court refused to look behind the judgment as the Court of Appeal had already considered and rejected the same substantive arguments, making its decision binding on this Court.

Court Disposition

application refused

Orders

  • The debtors' application to dismiss the bankruptcy petition is refused.
  • The petitioner is entitled to the relief sought.