Allied Irish Mortgage Bank & Anor v Heffernan (Approved) [2023] IECA 75 (31 March 2023)

Allied Irish Mortgage Bank & Anor v Heffernan (Approved) [2023] IECA 75 (31 March 2023)

The Court accepted the respondents' uncontradicted affidavit evidence regarding surcharge interest, found no legal basis to exclude the affidavits, and ordered the judgment sum reduced by the waived surcharge interest. Costs were apportioned based on the degree of success and procedural conduct.

Citation
[2023] IECA 75
Parties
Plaintiffs/respondents: AIB Mortgage Bank and Everyday Finance DAC; Plaintiffs/respondents: Allied Irish Banks PLC and Everyday Finance DAC; Defendant/appellant: Elaine Heffernan
Jurisdiction
Ireland
Judgment Date
31 March 2023
Procedural Posture
Civil Appeal / Post Judgment (consequential Orders and Costs)
Outcome
Appeal dismissed in both cases; in one case, judgment sum varied to reflect waiver of surcharge interest; costs apportioned as specified.
Legal Topics
Surcharge Interest, Unfair Terms in Consumer Contracts, Summary Judgment, Costs Orders
Banking Law Civil Procedure Surcharge Interest Unfair Terms in Consumer Contracts Summary Judgment Costs Orders

Case Brief

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Parties

AIB Mortgage Bank and Everyday Finance DAC

Plaintiffs/respondents

Allied Irish Banks PLC and Everyday Finance DAC

Plaintiffs/respondents

Elaine Heffernan

Defendant/appellant

Procedural Posture

Civil Appeal / Post Judgment (consequential Orders and Costs)

Legal Issues

  1. 1 Whether surcharge interest was charged and should be included in the judgment sum
  2. 2 Admissibility of affidavit evidence regarding bank employee status
  3. 3 Appropriate costs orders in light of partial success and procedural delays

Ratio Decidendi

The Court accepted the respondents' uncontradicted affidavit evidence regarding surcharge interest, found no legal basis to exclude the affidavits, and ordered the judgment sum reduced by the waived surcharge interest. Costs were apportioned based on the degree of success and procedural conduct.

Court Disposition

Appeal dismissed in both cases; in one case, judgment sum varied to reflect waiver of surcharge interest; costs apportioned as specified.

Orders

  • In appeal 2018/132, appeal dismissed and trial judge's decision affirmed; appellant awarded costs for specified procedural dates against first named respondent.
  • In appeal 2018/133, appeal dismissed but High Court order varied to reduce judgment sum to €227,339.28; first named respondent awarded 85% of costs in both courts, with appellant awarded costs for specified procedural dates.