Dunn v. Crawford [1999] IEHC 102 (11th February, 1999)

Dunn v. Crawford [1999] IEHC 102 (11th February, 1999)

The Defendants are estopped from denying the indebtedness recited in the Agreement, and the sums calculated in the Plaintiffs' schedules are properly charged on the respective lands, with payments appropriated first to interest due and thereafter to principal.

Citation
[1999] IEHC 102
Parties
Personal Representative of Mrs. Dunn and Charge Holder: First named Plaintiff; Personal Representative of Mrs. Dunn and Charge Holder: Second named Plaintiff; Charge Holder: Third named Plaintiff; Charge Holder: Fourth named Plaintiff; Registered Owner of Folio 238: First named Defendant; Registered Owner of Folio 288: Second named Defendant
Jurisdiction
Ireland
Procedural Posture
Special Summons / Final Judgment
Outcome
Declaration in favour of Plaintiffs; sums well charged on respective lands
Legal Topics
Charges on Land, Variation of Contract, Estoppel, Interest Calculation, Enforcement of Security
Property Law Contract Law Charges on Land Variation of Contract Estoppel Interest Calculation Enforcement of Security

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Parties

First named Plaintiff

Personal Representative of Mrs. Dunn and Charge Holder

Second named Plaintiff

Personal Representative of Mrs. Dunn and Charge Holder

Third named Plaintiff

Charge Holder

Fourth named Plaintiff

Charge Holder

First named Defendant

Registered Owner of Folio 238

Second named Defendant

Registered Owner of Folio 288

Procedural Posture

Special Summons / Final Judgment

Legal Issues

  1. 1 Whether the sums of principal and interest are well charged on the respective lands
  2. 2 Whether the Defendants are bound by the Agreement varying the repayment terms
  3. 3 Calculation of amounts due under the charges

Ratio Decidendi

The Defendants are estopped from denying the indebtedness recited in the Agreement, and the sums calculated in the Plaintiffs' schedules are properly charged on the respective lands, with payments appropriated first to interest due and thereafter to principal.

Court Disposition

Declaration in favour of Plaintiffs; sums well charged on respective lands

Orders

  • Declaration that £26,842.05 for principal and interest up to 18th January, 1999 and further interest at 8% per annum on £18,422.55 until payment stand well charged on First named Defendant's interest in Folio 238
  • Declaration that £56,542.95 for principal and interest up to 18th January, 1999 and further interest at 8% per annum on £36,847.55 until payment stand well charged on Second named Defendant's interest in Folio 288