Aviation & Maritime Judgments Ireland

Proceedings dismissed as repeated challenge to bankruptcy and related claims found frivolous, vexatious, and bound to fail

By: Decisis

The High Court dismissed proceedings brought by a discharged bankrupt who claimed that his bankruptcy adjudication and subsequent actions by the Official Assignee, solicitors, and others were fraudulent and unlawful. The plaintiff argued that he had already discharged the relevant debts and was wrongly adjudicated bankrupt, seeking damages and to restrain further bankruptcy actions. The court found that, on adjudication, all pre-bankruptcy claims vested in the Official Assignee and that the plaintiff no longer had legal standing to bring such claims. Additionally, the court concluded that the claims were an abuse of process, frivolous, unsustainable, and often constituted repeated attempts to relitigate matters already determined against the plaintiff in various courts. The court made an order restraining the plaintiff from initiating further proceedings against the defendants or re-litigating the bankruptcy unless prior permission is obtained from the President of the High Court, observing that further proceedings would only increase costs and prejudice both the estate and the plaintiff himself.

Developer’s claim against bank for alleged deceit and negligence in farmland purchase dismissed

By: Decisis

The High Court dismissed a property developer’s claims against a lending bank and its assignee regarding two loans advanced to fund land purchases, finding the developer liable for repayment of over €4.8 million in principal and interest. The defendant alleged the bank was deceitful and negligent in failing to obtain genuine land valuations and misrepresented interest rates, but the court found he did not rely on any representation or assurance from the bank about valuations, and accepted he entered binding purchase agreements before applying for finance. The court also rejected the argument that the bank had assumed a contractual duty to ensure the purchases represented market value for the borrower and determined that, even if valuations were incomplete or inaccurate, there was no evidence of reliance or loss. The developer’s counterclaim was dismissed, and judgment awarded in favour of the assignee for the outstanding debt. Costs were provisionally awarded against the defendant.

Appeal against refusal of personal insolvency arrangements for mortgage restructuring dismissed due to affordability concerns and prejudice to creditor

By: Decisis

The High Court refused to approve proposed personal insolvency arrangements sought by a couple to restructure their home mortgage, dismissing their appeal from the Circuit Court. The court found insufficient evidence that the applicants could comply with the terms of the arrangements either during or after the one-year statutory period, highlighting the highly speculative nature of the future income projections and significant shortfalls in reasonable living expenses. The court determined that the arrangements would unfairly prejudice the secured creditor by turning the mortgage into a long-term, predominantly interest-only loan with a large residual balance to be repaid through uncertain means decades later. The applicants' poor payment history and inadequate explanation for past mortgage arrears further undermined the proposal, and the court concluded the arrangements were unaffordable and required payments exceeding what was available for a reasonable standard of living. The orders of the Circuit Court were affirmed; costs were adjourned.

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Proceedings dismissed as repeated challenge to bankruptcy and related claims found frivolous, vexatious, and bound to fail

Developer’s claim against bank for alleged deceit and negligence in farmland purchase dismissed

Appeal against refusal of personal insolvency arrangements for mortgage restructuring dismissed due to affordability concerns and prejudice to creditor

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