McCarthy -v- Moroney & anor; Moroney -v- Property Registration Authority & ors [2018] IEHC 379 (05 July 2018)

McCarthy -v- Moroney & anor; Moroney -v- Property Registration Authority & ors [2018] IEHC 379 (05 July 2018)

Mr. Moroney’s claims are bound to fail as Regulation 19 is valid EU law, PRA has no discretion under s.64, transfer of charges is lawful, regulatory status of transferees does not affect borrower rights, and loan contract terms do not constitute unfair terms under the relevant Directive.

Citation
[2018] IEHC 379
Parties
Plaintiff (2017 8108 P) / Defendant (2018 1692 P): Shane McCarthy; Defendant (2017 8108 P) / Plaintiff (2018 1692 P): Padraig Moroney; Defendant (2017 8108 P): Geraldine Moroney; Defendant (2018 1692 P): Property Registration Authority; Defendant (2018 1692 P): Ennis Property Finance DAC; Defendant (2018 1692 P): Bank of Scotland PLC
Jurisdiction
Ireland
Judgment Date
05 July 2018
Procedural Posture
Plenary Proceedings and Interlocutory Applications / Interlocutory Applications and Motions to Dismiss/strike Out
Outcome
Mr. Moroney’s proceedings are dismissed as bound to fail; interlocutory relief refused; strike out motions granted.
Legal Topics
Cross Border Mergers, Transfer of Charges, Fair Procedures, Regulation of Financial Entities, Unfair Contract Terms, Registration of Charges, Rectification of Register
Property Law Banking Law EU Law Constitutional Law Administrative Law Cross Border Mergers Transfer of Charges Fair Procedures +4 more

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Parties

Shane McCarthy

Plaintiff (2017 8108 P) / Defendant (2018 1692 P)

Padraig Moroney

Defendant (2017 8108 P) / Plaintiff (2018 1692 P)

Geraldine Moroney

Defendant (2017 8108 P)

Property Registration Authority

Defendant (2018 1692 P)

Ennis Property Finance DAC

Defendant (2018 1692 P)

Bank of Scotland PLC

Defendant (2018 1692 P)

Procedural Posture

Plenary Proceedings and Interlocutory Applications / Interlocutory Applications and Motions to Dismiss/strike Out

Legal Issues

  1. 1 Whether Regulation 19 of the 2008 Regulations is unconstitutional for failing to afford fair procedures to borrowers
  2. 2 Whether PRA was obliged to give notice to the borrower before registering transfers of charges
  3. 3 Whether the transfer of charges to Bank of Scotland and Ennis Property was valid

Ratio Decidendi

Mr. Moroney’s claims are bound to fail as Regulation 19 is valid EU law, PRA has no discretion under s.64, transfer of charges is lawful, regulatory status of transferees does not affect borrower rights, and loan contract terms do not constitute unfair terms under the relevant Directive.

Court Disposition

Mr. Moroney’s proceedings are dismissed as bound to fail; interlocutory relief refused; strike out motions granted.

Orders

  • Dismissal of Mr. Moroney’s proceedings against PRA, Ennis Property, Bank of Scotland, and Shane McCarthy
  • Refusal of interlocutory injunction sought by Mr. Moroney