Re Jackson
Jurisdiction | Northern Ireland |
Judgment Date | 01 January 1973 |
Date | 01 January 1973 |
Court | High Court (Northern Ireland) |
Bankruptcy in Republic of Ireland -Request to the High Court of Justice in Northern Ireland to act in aid of and be auxilary to the courts in the Republic of Ireland - Bankruptcy (Ireland) Amendment Act, 1872 (35 36 Vict., c. 58), s. 71 - Bankruptcy Act, 1914 (4 5 Geo.5, c. 59), s. 122 - Ireland Act, 1949 (12, 13 14 Geo. 6, c. 41), ss. 2(1), 3(1) (b)(ii), 3(2) (b) - Irish Free State (Consequential Adaptation of Enactments) Order, 1923 (S.R. O, 1923 No.405).
The bankrupt carried on business in the Republic of Ireland in the years 1969 to 1971. In August, 1971, the business was in difficulties and the bankrupt made certain dispositions and then returned to Northern Ireland. On the 7th September, 1971, the bankrupt paid to a firm of solicitors in Belfast the sum of 3,800 by a cheque drawn on a bank in the Republic of Ireland, and the firm of solicitors was instructed to act for his wife in the purchase of a house. On the 8th September, 1971, the bankrupt was adjudicated in the Republic of Ireland on the petition of a creditor in the Republic of Ireland and on the 24th January, 1972, the High Court (Bankruptcy) in the Republic of Ireland made an order providing that the aid be sought of the court in Northern Ireland having jurisdiction in bankruptcy, and requesting that court to act in aid of and be auxiliary to the court in the Republic and to the Official Assignee in the Republic "as provided by s. 71 of the Bankruptcy (Ireland) Amendment Act, 1872". On the 20th December, 1972, the Official Assignee in the Republic applied to the High Court of Justice in Northern Ireland for (i) an order that the Northern Ireland court might...
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