The Governor & Company of the Bank of Ireland v Reilly & Anor (Approved) [2023] IECA 196 (31 July 2023)

The Governor & Company of the Bank of Ireland v Reilly & Anor (Approved) [2023] IECA 196 (31 July 2023)

Appellant failed to establish an arguable defence; no credible evidence of binding oral agreement or detriment; Code of Conduct compliance established and even if breached, not a defence; receiver's conduct not relevant as receiver is agent of defendants; expert evidence confirmed ECB Repo Rate continued to exist and was properly applied; new arguments not permitted on appeal.

Citation
[2023] IECA 196
Parties
Plaintiff/respondent: The Governor and Company of the Bank of Ireland; Defendant: Brian Reilly; Defendant/appellant: Lynn Reilly
Jurisdiction
Ireland
Judgment Date
31 July 2023
Procedural Posture
Civil Appeal / Appeal From High Court Summary Judgment
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Mortgage Arrears, Estoppel, Interest Rate Calculation, Receiver Appointment, Code of Conduct for Mortgage Arrears
Banking Law Contract Law Property Law Summary Judgment Mortgage Arrears Estoppel Interest Rate Calculation Receiver Appointment +1 more

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Parties

The Governor and Company of the Bank of Ireland

Plaintiff/respondent

Brian Reilly

Defendant

Lynn Reilly

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Summary Judgment

Legal Issues

  1. 1 Whether an oral agreement in October 2012 estopped the bank from seeking summary judgment
  2. 2 Whether the bank complied with the Code of Conduct for Mortgage Arrears
  3. 3 Whether the appointment and conduct of the receiver impacted the bank's claim

Ratio Decidendi

Appellant failed to establish an arguable defence; no credible evidence of binding oral agreement or detriment; Code of Conduct compliance established and even if breached, not a defence; receiver's conduct not relevant as receiver is agent of defendants; expert evidence confirmed ECB Repo Rate continued to exist and was properly applied; new arguments not permitted on appeal.

Court Disposition

appeal dismissed

Orders

  • Summary judgment for bank in sum of €167,837.59 with continuing interest from 13 April 2022
  • Bank awarded costs of proceedings and costs of appeal against appellant