ACC Bank Plc -v- Ruddy [2013] IEHC 138 (05 March 2013)

ACC Bank Plc -v- Ruddy [2013] IEHC 138 (05 March 2013)

No valid demand for repayment was communicated to the defendant before 1 December 2009; therefore, the plaintiff did not acquire the right to enforce security under s. 62(7) of the Registration of Title Act 1964, and the proceedings must be struck out.

Citation
[2013] IEHC 138
Parties
Plaintiff: ACC Bank Plc; Defendant: John Ruddy
Jurisdiction
Ireland
Judgment Date
05 March 2013
Procedural Posture
Special Summons / Judgment
Outcome
proceedings struck out
Legal Topics
Enforcement of Security, Statutory Repeal, Demand for Repayment, Acquired Rights, Accrued Rights
Property Law Banking Law Mortgage Law Enforcement of Security Statutory Repeal Demand for Repayment Acquired Rights Accrued Rights

Case Brief

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Parties

ACC Bank Plc

Plaintiff

John Ruddy

Defendant

Procedural Posture

Special Summons / Judgment

Legal Issues

  1. 1 Whether the plaintiff retains an enforceable entitlement to possession under s. 62(7) of the Registration of Title Act 1964 after its repeal
  2. 2 Whether demand for repayment was validly made before the statutory cut-off date

Ratio Decidendi

No valid demand for repayment was communicated to the defendant before 1 December 2009; therefore, the plaintiff did not acquire the right to enforce security under s. 62(7) of the Registration of Title Act 1964, and the proceedings must be struck out.

Court Disposition

proceedings struck out

Orders

  • Order reinstating the Master's original order striking out the proceedings
  • No order as to costs