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)

The Defendant is not entitled to dismissal of the proceedings on the grounds of release or statute bar, as there is insufficient evidence that the settlement with his wife was intended to discharge his liability, and the principal claim is not statute barred. However, summary judgment is not appropriate due to unresolved factual issues regarding the intention of the settlement agreement.

Citation
[2000] IEHC 13
Parties
Plaintiff: A.C.C. Bank Plc.; Defendant: Mr. Malocco; Third Party (defendant's Wife): Jane Malocco
Jurisdiction
Ireland
Procedural Posture
Summary Summons and Special Summons (chancery) / Interlocutory (application for Summary Judgment and Well Charging Declaration)
Outcome
No summary judgment; matters adjourned to plenary hearing.
Legal Topics
Joint and Several Liability, Release of Co Debtor, Equitable Mortgage, Statute of Limitations, Summary Judgment, Security for Loans
Contract Law Banking Law Property Law Equity Joint and Several Liability Release of Co Debtor Equitable Mortgage Statute of Limitations +2 more

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Parties

A.C.C. Bank Plc.

Plaintiff

Mr. Malocco

Defendant

Jane Malocco

Third Party (defendant's Wife)

Procedural Posture

Summary Summons and Special Summons (chancery) / Interlocutory (application for Summary Judgment and Well Charging Declaration)

Legal Issues

  1. 1 Whether the settlement with the Defendant's wife constituted a release or discharge of any liability of the Defendant to the Plaintiff on foot of the loan agreement
  2. 2 Whether the claim of the Plaintiff in both or either proceedings is statute barred

Ratio Decidendi

The Defendant is not entitled to dismissal of the proceedings on the grounds of release or statute bar, as there is insufficient evidence that the settlement with his wife was intended to discharge his liability, and the principal claim is not statute barred. However, summary judgment is not appropriate due to unresolved factual issues regarding the intention of the settlement agreement.

Court Disposition

No summary judgment; matters adjourned to plenary hearing.

Orders

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