Promontoria (Oyster) Designated Activity Company v Hannon [2019] IESC 49 (04 June 2019)

Promontoria (Oyster) Designated Activity Company v Hannon [2019] IESC 49 (04 June 2019)

The Supreme Court held that the Registration of Deeds and Title Act 2006, by abolishing land certificates and providing a three-year transitional period for registration of liens by deposit, extinguished all such liens over registered land that were not registered by 31 December 2009. The statutory intent was to end the system of lien by deposit in respect of registered land, and the right to such a lien did not survive beyond the transitional period unless registered as a burden.

Citation
[2019] IESC 49
Parties
Plaintiff/respondent: Promontoria (Oyster) Designated Activity Company; Defendant/appellant: Gerard Hannon
Jurisdiction
Ireland
Judgment Date
04 June 2019
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed
Legal Topics
Equitable Mortgages, Registered Land, Abolition of Land Certificates, Lien by Deposit, Statutory Interpretation
Property Law Land Law Equity Equitable Mortgages Registered Land Abolition of Land Certificates Lien by Deposit Statutory Interpretation

Case Brief

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Parties

Promontoria (Oyster) Designated Activity Company

Plaintiff/respondent

Gerard Hannon

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the Registration of Deeds and Title Act 2006 abolished equitable mortgages by deposit of land certificates in respect of registered land
  2. 2 Whether existing liens by deposit survived after 31 December 2009 if not registered as burdens
  3. 3 Proper construction of s.73 of the 2006 Act

Ratio Decidendi

The Supreme Court held that the Registration of Deeds and Title Act 2006, by abolishing land certificates and providing a three-year transitional period for registration of liens by deposit, extinguished all such liens over registered land that were not registered by 31 December 2009. The statutory intent was to end the system of lien by deposit in respect of registered land, and the right to such a lien did not survive beyond the transitional period unless registered as a burden.

Court Disposition

Appeal allowed

Orders

  • Declaration that Promontoria does not have the benefit of a lien by deposit over the lands in question.
  • Further orders to be determined after hearing counsel.