Ulster Bank Ireland Ltd v Quirke & Anor (Unapproved) [2023] IECA 139 (08 June 2023)

Ulster Bank Ireland Ltd v Quirke & Anor (Unapproved) [2023] IECA 139 (08 June 2023)

Where both parties achieve partial success in appeal, each should bear their own costs for both appeal and proceedings below; respondent's entitlement to costs for joinder does not override appellants' success in opposing execution.

Citation
[2023] IECA 139
Parties
Original Plaintiff: Ulster Bank Ireland Ltd; Respondent/plaintiff: Promontoria (Oyster) DAC; Defendant/appellant: Timothy Quirke; Defendant/appellant: Joan Quirke
Jurisdiction
Ireland
Judgment Date
08 June 2023
Procedural Posture
Appeal / Costs Ruling Post Appeal
Outcome
Each party to bear their own costs.
Legal Topics
Assignment of Judgment Debt, Leave to Execute Judgment, Costs in Appeal, Joinder of Parties
Civil Procedure Banking Law Assignment of Judgment Debt Leave to Execute Judgment Costs in Appeal Joinder of Parties

Case Brief

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Parties

Ulster Bank Ireland Ltd

Original Plaintiff

Promontoria (Oyster) DAC

Respondent/plaintiff

Timothy Quirke

Defendant/appellant

Joan Quirke

Defendant/appellant

Procedural Posture

Appeal / Costs Ruling Post Appeal

Legal Issues

  1. 1 Whether Promontoria (Oyster) DAC could be joined as plaintiff via O.17, r.4
  2. 2 Whether leave to execute judgment under O.42, r.24 should be granted
  3. 3 Effectiveness of global deed of transfer for assignment of judgment

Ratio Decidendi

Where both parties achieve partial success in appeal, each should bear their own costs for both appeal and proceedings below; respondent's entitlement to costs for joinder does not override appellants' success in opposing execution.

Court Disposition

Each party to bear their own costs.

Orders

  • Each party to bear their own costs in appeal.
  • Each party to bear their own costs in High Court.