C.M -v- A.M [2013] IEHC 636 (22 February 2013)

C.M -v- A.M [2013] IEHC 636 (22 February 2013)

The payment to the Credit Union was a reviewable disposition under section 35 of the Family Law Act 1995 because the third party had sufficient notice of the court order and the proceedings, and thus could not be said to have acted without notice of an intention to defeat a claim for relief.

Citation
[2013] IEHC 636
Parties
Applicant: C. M.; Respondent: A. M.; Third Party: Dunboyne and District Credit Union
Jurisdiction
Ireland
Judgment Date
22 February 2013
Procedural Posture
Family Law Application / Post Interlocutory, Submissions on Reviewable Disposition
Outcome
Order for reversal of payment; funds to be placed on joint deposit.
Legal Topics
Judicial Separation, Reviewable Disposition, Family Home, Matrimonial Assets, Section 35 Family Law Act 1995
Family Law Judicial Separation Reviewable Disposition Family Home Matrimonial Assets Section 35 Family Law Act 1995

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Parties

C. M.

Applicant

A. M.

Respondent

Dunboyne and District Credit Union

Third Party

Procedural Posture

Family Law Application / Post Interlocutory, Submissions on Reviewable Disposition

Legal Issues

  1. 1 Whether the payment of €51,386.55 by the respondent to Dunboyne and District Credit Union was a reviewable disposition under section 35 of the Family Law Act 1995
  2. 2 Whether the third party (Credit Union) acted in good faith and without notice of intention to defeat a claim for relief

Ratio Decidendi

The payment to the Credit Union was a reviewable disposition under section 35 of the Family Law Act 1995 because the third party had sufficient notice of the court order and the proceedings, and thus could not be said to have acted without notice of an intention to defeat a claim for relief.

Court Disposition

Order for reversal of payment; funds to be placed on joint deposit.

Orders

  • The third party (Dunboyne and District Credit Union) is directed to place the sum of €51,386.55 on joint deposit in the names of Gore & Grimes, Solicitors for the applicant, and Carney McCarthy & Co., Solicitors for the respondent.