The High Court has refused Patrick Doherty’s application to pause a bankruptcy petition brought by Blessville Unlimited Company over a €151,000 judgment debt, allowing the petition to proceed while separate litigation over goods Doherty said he was prevented from collecting remains unresolved.
In a judgment delivered on 30 June 2025, Mr Justice Kennedy dismissed the stay application. He did not decide the bankruptcy petition itself or adjudicate Doherty bankrupt. The court said the petitioner appeared presumptively entitled to its costs, but left the costs order open to further submissions.
The debt arose from two High Court orders in earlier proceedings. Under a consent order made on 6 November 2019, Doherty was required to remove his chattels from the company’s premises and pay €46,000 within 28 days. If he failed to meet either condition, he was required to pay €151,000. The judgment says he did neither. Doherty said the company prevented him from collecting the goods, which also prevented him from making the payment; the company disputed that account.
On 14 February 2020, the court entered judgment requiring Doherty to pay €151,000. He did not appeal that order or apply to have it set aside. The debt later formed the basis of bankruptcy summonses issued in 2022 and 2024. Doherty accepted that the 2024 summons appeared valid on the face of the 2020 order.
Doherty sought a stay while pursuing plenary proceedings begun in 2023, alleging conversion and detinue, breach of the settlement agreement and non-compliance with the consent order. He argued that the claims were connected to the debt and that the company’s retention of the goods could affect what was owed. The High Court and Court of Appeal had previously rejected challenges concerning the first bankruptcy summons. The Court of Appeal said there was no evidence the company sold the goods and kept the proceeds, or evidence establishing their ownership or value.
Justice Kennedy said the stay application would require the court to look behind an unappealed final money judgment made years earlier. He found no satisfactory explanation for Doherty’s failure to challenge the 2020 order at the time, and no fair question shown that could set it aside or establish a counterclaim sufficient to extinguish the debt or reduce it below €20,000. He also said an adjudication would transfer control of Doherty’s estate and any claims to the Official Assignee, who could pursue the separate proceedings if appropriate.
The judge concluded that a stay could delay the statutory bankruptcy process for years and that the balance of justice favoured refusing it. Either party may file written submissions on costs and other outstanding matters within 10 days. The court will then decide whether to relist the matter or determine those issues on written submissions.