Doherty -v- Quigley & anor [2015] IECA 297 (21 December 2015)

Doherty -v- Quigley & anor [2015] IECA 297 (21 December 2015)

Section 10 of the Conveyancing Act (Ireland) 1634 applies to future creditors where facts exist at the date of transfer indicating a potential claim, and a transfer made with the intent or probable consequence of defeating such a claim is void. The trial judge correctly found that the plaintiff was a future creditor and that the transfers were made to defeat her potential claim.

Citation
[2015] IECA 297
Parties
Plaintiff/respondent: Dana Doherty (a person of unsound mind not so found) suing by her next friend Fintan Gallagher; Defendant/appellant: Michael Quigley; Defendant/appellant: Alice Quigley
Jurisdiction
Ireland
Judgment Date
21 December 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Fraudulent Conveyance, Future Creditors, Interpretation of Statutes, Tortious Liability, Setting Aside Transfers
Property Law Tort Law Civil Procedure Fraudulent Conveyance Future Creditors Interpretation of Statutes Tortious Liability Setting Aside Transfers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dana Doherty (a person of unsound mind not so found) suing by her next friend Fintan Gallagher

Plaintiff/respondent

Michael Quigley

Defendant/appellant

Alice Quigley

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a person must be an actual creditor at the date of a property transfer to set it aside as fraudulent under s. 10 of the Conveyancing Act (Ireland) 1634.
  2. 2 Whether the transfers of property by the first defendant to his wife were made with intent to defeat or delay a future creditor (the plaintiff).

Ratio Decidendi

Section 10 of the Conveyancing Act (Ireland) 1634 applies to future creditors where facts exist at the date of transfer indicating a potential claim, and a transfer made with the intent or probable consequence of defeating such a claim is void. The trial judge correctly found that the plaintiff was a future creditor and that the transfers were made to defeat her potential claim.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.