Allied Irish Banks plc -v- Gannon & Anor [2017] IECA 291 (08 November 2017)

Allied Irish Banks plc -v- Gannon & Anor [2017] IECA 291 (08 November 2017)

The Circuit Court has jurisdiction in proceedings under s. 74 of the 2009 Act by operation of s. 3 of that Act and the Third Schedule to the 1961 Act. As the present case has no special features justifying High Court proceedings, it was not reasonable to commence the action in the High Court, and the proceedings should be remitted to the Circuit Court.

Citation
[2017] IECA 291
Parties
Respondent / Plaintiff: Allied Irish Banks PLC; Appellant / Defendant: Martine Gannon; Appellant / Defendant: Richard Fair
Jurisdiction
Ireland
Judgment Date
08 November 2017
Procedural Posture
Appeal / Appeal From High Court Decision Refusing to Remit Proceedings to Circuit Court
Outcome
Appeal allowed
Legal Topics
Jurisdiction, Voluntary Conveyance, Fraud on Creditors, Remittal of Proceedings
Property Law Civil Procedure Jurisdiction Voluntary Conveyance Fraud on Creditors Remittal of Proceedings

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Parties

Allied Irish Banks PLC

Respondent / Plaintiff

Martine Gannon

Appellant / Defendant

Richard Fair

Appellant / Defendant

Procedural Posture

Appeal / Appeal From High Court Decision Refusing to Remit Proceedings to Circuit Court

Legal Issues

  1. 1 Does the Circuit Court have jurisdiction to entertain an application to declare void a voluntary conveyance under s. 74(3) of the Land and Conveyancing Law Reform Act 2009?
  2. 2 Should the proceedings be remitted from the High Court to the Circuit Court?

Ratio Decidendi

The Circuit Court has jurisdiction in proceedings under s. 74 of the 2009 Act by operation of s. 3 of that Act and the Third Schedule to the 1961 Act. As the present case has no special features justifying High Court proceedings, it was not reasonable to commence the action in the High Court, and the proceedings should be remitted to the Circuit Court.

Court Disposition

Appeal allowed

Orders

  • Proceedings remitted from the High Court to the Circuit Court in accordance with s. 25 of the Courts of Justice Act 1924.