Browne (Paul) v David Mavroudis
| Jurisdiction | Northern Ireland |
| Judge | Master Kelly |
| Judgment Date | 20 October 2014 |
| Neutral Citation | [2014] NIMaster 18 |
| Court | High Court (Northern Ireland) |
| Date | 20 October 2014 |
1
Neutral Citation No. [2014] NIMaster 18
Ref:
14/037642
Judgment: approved by the Court for handing down
Delivered:
20/10/2014
(subject to editorial corrections)*
2014/037642
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION (BANKRUPTCY)
BETWEEN:
PAUL BROWNE
Petitioning Debtor
and
DAVID MAVROUDIS
Objecting Creditor
MASTER KELLY
INTRODUCTION
[1] On 8th April 2014 Mr Browne, a native of the Republic of Ireland, presented a
petition to this court in which he seeks his own bankruptcy. Apart from one small
historic debt in this jurisdiction arising from a partnership dissolved some 5 years
ago, Mr Browne does not have any other debts or assets in this jurisdiction. The root
of his insolvency lies in commercial property investment activities conducted by him
in the Republic of Ireland. His liabilities amount to several million euro with his
principal creditor being NAMA (now National Asset Loan Management Ltd –
“NALM “).
[2] The petition was accompanied by a statement of affairs and a substantial affidavit
sworn on 3rd April 2014. In his affidavit, Mr Browne claims that he moved his centre
of main interests (COMI) from the Republic of Ireland to Northern Ireland some
time between 2012 and 2013, and he argues that Northern Ireland is now where his
COMI is for the purposes of EC Regulation 1346/2000 (“the Regulation”).
Specifically he contends that his COMI is located at 32 Lurganare Cross, Lurganare,
Newry.
2
[3] Mr Browne’s case that his COMI has moved out of the Republic of Ireland and
into the UK is set out in the following paragraphs of his affidavit:
At paragraph 2 he says:
“I moved my centre of economic interest to the
United Kingdom in October 2012, when I rented
commercial business premises in the Carnbane
Business Centre, Newry.”
He goes on to say at paragraph 3:
“I confirm that I have lived in the United Kingdom
since April 2013. I further confirm that Northern
Ireland is the place in which I conduct the
administration of my interests on a regular basis and
is ascertainable to third parties. As such, I have
corresponded with my primary creditors (NAMA
and their legal representatives, solicitors for OLM
Consultancy Limited, David Mavroudas architect
and the Sherriff’s Office, County Kildare) and have
made them aware that I am resident in the United
Kingdom.”
Finally, he says at paragraph 9:
“I have no intention of returning to the Republic of
Ireland and consider Northern Ireland to be my
home and centre of economic interest. As such I
have registered with the electoral register in
Northern Ireland and I deregistered to vote in the
Republic of Ireland in November 2013. My creditors
were made aware of my move to the United
Kingdom as soon as I secured employment in
Sheffield.”
[4] Against that background it should be noted that at paragraph 1 of his affidavit
Mr Browne states:
“I am the father of four dependent children, aged 15,
13, 12 and 9 years, all of whom live with their
mother, my wife Bairbre Wall in County Kildare.”
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