Lismore v Davey & Anor
| Jurisdiction | Northern Ireland |
| Judge | Horner J |
| Judgment Date | 2014 |
| Neutral Citation | [2014] NICh 2 |
| Court | Chancery Division (Northern Ireland) |
| Date | 11 February 2014 |
1
Neutral Citation No. [2014] NICh 2
Ref:
HOR9154
Judgment: approved by the Court for handing down
Delivered:
11/02/2014
(subject to editorial corrections)*
2011 No 133265/AO1
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION (BANKRUPTCY)
________
IN THE MATTER OF JAMES JOSEPH DAVEY, BANKRUPT
AND IN THE MATTER OF THE INSOLVENCY (NORTHERN IRELAND)
ORDER 1989
BETWEEN:
WALTER LISMORE AS TRUSTEE IN BANKRUPTCY OF
JAMES JOSEPH DAVEY
Applicant;
and
1. JAMES JOSEPH DAVEY
2. PATRICIA DAVEY
Respondents.
________
JUDGMENT
________
HORNER J
INTRODUCTION
[1] This is an appeal from a decision of Master Kelly given on 1 March 2013. The
point for determination on this appeal is whether the Trustee in Bankruptcy (“the
Trustee”) can realise the interest of James Joseph Davey, a bankrupt (“the
Bankrupt”) in the family home at 52 Suffolk Crescent (“the Home”) which he owns
jointly with his wife, Patricia Davey (“the Respondent”) despite the fact that more
than 3 years has elapsed since he was made bankrupt. At the outset I would wish to
record my thanks to counsel, Mr McEwen BL on behalf of the Trustee and Mr
Warnock BL on behalf of the Bankrupt for the assistance provided to the court in
their written and oral submissions. Another issue will arise if I find in favour of the
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Lillo Sciortino v Marc Beaumont
...Respondent should be dismissed summarily on its merits. He submitted, either by reference to the decision in Northern Ireland of Re Davey [2014] NI Ch 2; [2017] N.I. 32 (what he called the short cut), or by reference to a wider consideration of the relevant material (what he called the long......