Fagan & anor -v- ACC Loan Management Ltd [2016] IEHC 233 (10 May 2016)

Fagan & anor -v- ACC Loan Management Ltd [2016] IEHC 233 (10 May 2016)

Applicants, as discharged bankrupts, lacked locus standi to challenge the validity of the charge as the property remained vested in the Official Assignee; the Circuit Court acted within jurisdiction, afforded fair procedures, and no arguable case for judicial review was established.

Citation
[2016] IEHC 233
Parties
Applicant/defendant: Declan Fagan; Applicant/defendant: Bernadette Fagan; Respondent/plaintiff: ACC Loan Management Ltd.
Jurisdiction
Ireland
Judgment Date
10 May 2016
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review (refused)
Outcome
Application for leave to apply for judicial review refused.
Legal Topics
Mortgage Possession, Bankruptcy and Vesting of Property, Locus Standi in Possession Proceedings, Fair Procedures in Repossession, Service of Proceedings on Occupants
Banking Law Property Law Bankruptcy Law Civil Procedure Mortgage Possession Bankruptcy and Vesting of Property Locus Standi in Possession Proceedings Fair Procedures in Repossession +1 more

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Parties

Declan Fagan

Applicant/defendant

Bernadette Fagan

Applicant/defendant

ACC Loan Management Ltd.

Respondent/plaintiff

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review (refused)

Legal Issues

  1. 1 Whether applicants were denied a fair hearing in the Circuit Court possession proceedings
  2. 2 Whether the Circuit Court erred in law in refusing to allow the applicants to challenge the validity of the charge
  3. 3 Whether the Official Assignee's actions constituted an unlawful disposition of the family home without court sanction

Ratio Decidendi

Applicants, as discharged bankrupts, lacked locus standi to challenge the validity of the charge as the property remained vested in the Official Assignee; the Circuit Court acted within jurisdiction, afforded fair procedures, and no arguable case for judicial review was established.

Court Disposition

Application for leave to apply for judicial review refused.

Orders

  • Leave to apply for judicial review refused.
  • No order for certiorari granted.