The Department Of Finance v McGillion [2018] NICh 25 (19 December 2018)

The Department Of Finance v McGillion [2018] NICh 25 (19 December 2018)

Mr McGillion did not pay, secure, or compound for the debt; his purported payment methods were legally invalid. No grounds existed to set aside or annul the bankruptcy order, and no change in circumstances justified rescinding or varying the order.

Citation
[2018] NICh 25
Parties
Petitioning Creditor/respondent: The Department of Finance and Land and Property Services (Rating); Debtor/appellant: Barry McGillion
Jurisdiction
Northern Ireland
Judgment Date
19 December 2018
Procedural Posture
Bankruptcy Appeal / Appeal Against Bankruptcy Order and Appeal Against Refusal to Annul Bankruptcy Order
Outcome
appeals dismissed; bankruptcy order affirmed
Legal Topics
Statutory Demand, Bankruptcy Order, Annulment of Bankruptcy, Validation Order, Payment of Debt
Insolvency Bankruptcy Statutory Demand Bankruptcy Order Annulment of Bankruptcy Validation Order Payment of Debt

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Parties

The Department of Finance and Land and Property Services (Rating)

Petitioning Creditor/respondent

Barry McGillion

Debtor/appellant

Procedural Posture

Bankruptcy Appeal / Appeal Against Bankruptcy Order and Appeal Against Refusal to Annul Bankruptcy Order

Legal Issues

  1. 1 Whether the bankruptcy order should be set aside or annulled
  2. 2 Whether the debtor has paid, secured, or compounded for the debt
  3. 3 Whether the debtor's actions constitute payment under the law

Ratio Decidendi

Mr McGillion did not pay, secure, or compound for the debt; his purported payment methods were legally invalid. No grounds existed to set aside or annul the bankruptcy order, and no change in circumstances justified rescinding or varying the order.

Court Disposition

appeals dismissed; bankruptcy order affirmed

Orders

  • appeal against bankruptcy order dismissed
  • appeal against refusal to annul bankruptcy order dismissed