Official Receiver for Northern Ireland v Catherine Gallagher
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 11 February 2014 |
| Neutral Citation | [2014] NICh 6 |
| Date | 11 February 2014 |
| Court | Chancery Division (Northern Ireland) |
| Year | 2014 |
1
Neutral Citation No: [2014] NICh 6 Ref: DEE9153
Judgment: approved by the Court for handing down Delivered: 11/02/2014
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
CHANCERY DIVISION 11/013743
________
OFFICIAL RECEIVER FOR NORTHERN IRELAND
v
CATHERINE GALLAGHER
________
DEENY J
[1] This appeal by the Official Receiver (the Appellant) from Master in
Bankruptcy raises a point of law of general application relating to ancillary divorce
proceedings which involve putative bankrupts. The Appellant by Originating
Summons of 25 May 2013 sought a declaration that three dispositions under a
matrimonial agreement between the Respondent and her former husband Ciaran
Gallagher made a rule of court by Order of 18 November 2011 were void. By
summons of 14 November 2012 the Respondent sought an Order of ratification of
the same agreement.
[2] The point in issue arises from Article 257 of the Insolvency (NI) Order 1989.
The relevant paragraphs read as follows.
“(1) Where a person is adjudged bankrupt, any
disposition of property made by that person in the
period to which this Article applies is void except to
the extent that it is or was made with the consent of
the High Court or is or was subsequently ratified by
the Court.
(2) Paragraph (1) applies to a payment (whether in
cash or otherwise) as it applies to a disposition of
property and, accordingly, where any payment is
void by virtue of that paragraph, the person paid shall
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2 cases
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Official Receiver for Northern Ireland v Julie Anne Urey
...one), I should say that although both parties for various reasons made reference to the recent case of Official Receiver –v-Gallagher [2014] NICh 6, I consider that a comparison between these two cases would not prove useful: the two cases are very different in terms of their respective fac......
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Official Receiver v Julie-Ann Urey
...coming to this decision I consider that I am not in any way departing from my own earlier decision in The Official Receiver v Gallagher [2014] NICh 6. In that case I was dealing with an application under Article 257 of the Insolvency (NI) Order 1989 to set aside a purported disposition on f......