A.C.C. Bank plc v. Malocco [2000] IEHC 13; [2000] 3 IR 191 (7th February, 2000)

A.C.C. Bank plc v. Malocco [2000] IEHC 13; [2000] 3 IR 191 (7th February, 2000)

There is insufficient evidence to exclude a fair or reasonable probability of the defendant having a bona fide defence under section 17 of the Civil Liability Act, 1961 regarding release by settlement; limitation period for principal is twelve years, so claim is not statute barred, but claim for interest more than six years prior is statute barred.

Citation
[2000] 3 IR 191
Parties
Plaintiff: A.C.C. Bank Plc; Defendant: Anthony Malocco; Third Party: Jane Malocco
Jurisdiction
Ireland
Procedural Posture
Summary Summons and Special Summons / Application for Summary Judgment and Well Charging Declaration
Outcome
Summary judgment refused; matters adjourned to plenary hearing.
Legal Topics
Joint and Several Liability, Release of Co Debtor, Statute of Limitations, Equitable Mortgage
Contract Law Property Law Civil Procedure Joint and Several Liability Release of Co Debtor Statute of Limitations Equitable Mortgage

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Parties

A.C.C. Bank Plc

Plaintiff

Anthony Malocco

Defendant

Jane Malocco

Third Party

Procedural Posture

Summary Summons and Special Summons / Application for Summary Judgment and Well Charging Declaration

Legal Issues

  1. 1 Whether settlement with co-debtor constituted release or discharge of defendant's liability
  2. 2 Whether plaintiff's claim is statute barred

Ratio Decidendi

There is insufficient evidence to exclude a fair or reasonable probability of the defendant having a bona fide defence under section 17 of the Civil Liability Act, 1961 regarding release by settlement; limitation period for principal is twelve years, so claim is not statute barred, but claim for interest more than six years prior is statute barred.

Court Disposition

Summary judgment refused; matters adjourned to plenary hearing.

Orders

  • Both proceedings adjourned to plenary hearing.
  • Submissions to be heard as to pleadings.