Cooper v Official Receiver
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 20 May 2005 |
| Neutral Citation | [2005] NICH 1 |
| Court | Chancery Division (Northern Ireland) |
| Year | 2005 |
| Date | 20 May 2005 |
1
Neutral Citation no. [2005] NICh 1 Ref:
WEAF5276
Judgment: approved by the Court for handing down Delivered:
20/05/2005
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
______
CHANCERY DIVISION (BANKRUPTCY)
______
IN THE MATTER OF SAMUEL E COOPER, A BANKRUPT
_________
BETWEEN:
SAMUEL E COOPER
Applicant;
-and-
1. JOHN HOUSTON AND IAN FINNEGAN
AS TRUSTEES IN BANKRUPTCY OF THE
ESTATE OF SAMUEL E COOPER, A BANKRUPT
2. JOSEPH HASSON AS OFFICIAL RECEIVER
Respondents.
_________
WEATHERUP J
The Application.
[1] There follows a cautionary tale to those who delay the settlement of
disputed debts. This is an application by Samuel E Cooper, a bankrupt, for an
order that –
(i) the Court determines the appropriate fees and expenses of the
trustees in bankruptcy and
(ii) that the bankruptcy order dated 1 October 1999 be annulled
pursuant to Article 256(1)(b) of the Insolvency (Northern Ireland) Order 1989
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4 cases
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R (Harrison) v Birmingham Magistrates Court
...J in Mirror Group Newspapers plc v Maxwell and Others (No 2) [1998] 1 BCLC 638, [1998] BCC 324and also Cooper v The Official Receiver [2005] NICh 1. The onus of demonstrating such value or benefit is on the applicant and the court must resolve any element of doubt in favour of the estate.......
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The Companies Act
...is less relevant than value provided. I was referred to the judgment of Ferris J in [ Maxwell] [1998] 1 BCLC 638 and also In re Cooper [2005] NICh 1. The onus of demonstrating such value or benefit is on the applicant and the court must resolve any element of doubt in favour of the estate.”......
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The Companies Act and Direct Lending Income Feeder Fund, Ltd (in Official Liquidation)
...is less relevant than value provided. I was referred to the judgment of Ferris J in [ Maxwell] [1998] 1 BCLC 638 and also In re Cooper [2005] NICh 1. The onus of demonstrating such value or benefit is on the applicant and the court must resolve any element of doubt in favour of the estate.”......
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Ho Chor Ming And Others v Hong Kong Chiu Chow Po Hing
...Mrs Hirani should pay these costs by the back door when he has been ordered to pay them by the front door.” 7. Similarly, in Re Cooper [2006] NI 103, after successfully obtaining the annulment of his bankruptcy, the applicant applied to the court for orders inter alia that the court determi......