Ardfert Quarry Products -v- Moormac Developments Ltd (In Receivership) [2013] IEHC 572 (13 December 2013)

Ardfert Quarry Products -v- Moormac Developments Ltd (In Receivership) [2013] IEHC 572 (13 December 2013)

Crushed limestone, though attached only by its own weight, was placed as the first step in road and building construction, objectively intended to be part of the land. The respondent discharged the onus of showing the material ceased to be chattels and became part of the land, thus falling within the Bank's mortgage security. Applicant has no title to recover.

Citation
[2013] IEHC 572
Parties
Applicant: Ardfert Quarry Products; Respondent: Moormac Developments Ltd (In Receivership)
Jurisdiction
Ireland
Judgment Date
13 December 2013
Procedural Posture
Application Under S.316 Companies Act 1963 / Final Judgment
Outcome
application dismissed
Legal Topics
Retention of Title, Fixtures Vs Chattels, Receivership, Mortgage Security
Company Law Insolvency Law Property Law Retention of Title Fixtures Vs Chattels Receivership Mortgage Security

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ardfert Quarry Products

Applicant

Moormac Developments Ltd (In Receivership)

Respondent

Procedural Posture

Application Under S.316 Companies Act 1963 / Final Judgment

Legal Issues

  1. 1 Whether crushed limestone supplied under retention of title clause remains property of applicant or has become part of land
  2. 2 Whether applicant is entitled to recover materials from site under s.316 Companies Act 1963

Ratio Decidendi

Crushed limestone, though attached only by its own weight, was placed as the first step in road and building construction, objectively intended to be part of the land. The respondent discharged the onus of showing the material ceased to be chattels and became part of the land, thus falling within the Bank's mortgage security. Applicant has no title to recover.

Court Disposition

application dismissed

Orders

  • Order dismissing the application.