Official Receiver for Northern Ireland v McAnulty (Patrick Joseph)

JurisdictionNorthern Ireland
JudgeGirvan LJ
Judgment Date2010
Neutral Citation[2010] NICA 38
Date22 November 2010
CourtCourt of Appeal (Northern Ireland)
1
Neutral Citation No. [2010] NICA 38 Ref:
GIR7998
Judgment: approved by the Court for handing down Delivered:
22/11/10
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN
NORTHERN IRELAND
________
CHANCERY DIVISION (BANKRUPTCY)
________
BETWEEN:
THE OFFICIAL RECEIVER FOR NORTHERN IRELAND
Applicant/Respondent to the Appeal:
-and-
PATRICK JOSEPH McANULTY
Appellant/Respondent.
________
Before: Girvan LJ, Coghlin LJ and Sir Anthony Campbell
________
Girvan LJ (delivering the judgment of the court)
Introduction
[1] This is an appeal brought by Patrick McAnulty (“the appellant”) from
an order of Deeny J dated 5 March 2010 whereby the appellant was ordered to
forthwith deliver up possession of premises at 25 Balmoral Mews, Belfast
(“the premises”) to the respondent, the Official Receiver for Northern Ireland,
the statutory successor in title of the Official Assignee, the trustee in
bankruptcy of the appellant. The respondent was given liberty to sell the
premises and deal with the net proceeds of such sale in accordance with an
order of Master Redpath dated 5 October 2007. On the hearing of the appeal
Mr Coyle represented the appellant and Mr Devlin represented the
respondent.

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