Cronin & ors -v- Sexton [2016] IEHC 204 (19 February 2016)
Once a certificate under s.108 of the National Asset Management Agency Act 2009 is adduced, it is conclusive proof of asset acquisition and the onus shifts to the defendant to rebut or contradict the evidence.
- Citation
- [2016] IEHC 204
- Parties
- Plaintiff: Con Cronin; Plaintiff: Roger Keogh; Borrower: Declan Gardiner; Borrower: John Nugent; Borrower: Ted Nugent; Defendant: William Sexton
- Jurisdiction
- Ireland
- Judgment Date
- 19 February 2016
- Procedural Posture
- Circuit Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Statutory Receivership, Asset Acquisition, Conclusiveness of Statutory Certificates
Case Brief
Summary, issues, holding and outcome
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Parties
Con Cronin
Plaintiff
Roger Keogh
Plaintiff
Declan Gardiner
Borrower
John Nugent
Borrower
Ted Nugent
Borrower
William Sexton
Defendant
Procedural Posture
Circuit Appeal / Judgment
Legal Issues
- 1 Is a certificate issued under s.108 of the National Asset Management Agency Act 2009 sufficient proof of asset acquisition?
- 2 Is there an obligation to produce the loan facility letter of 26th June, 2008 in addition to the statutory certificate?
- 3 Does the onus of proof shift to the defendant once the certificate is adduced?
Ratio Decidendi
Once a certificate under s.108 of the National Asset Management Agency Act 2009 is adduced, it is conclusive proof of asset acquisition and the onus shifts to the defendant to rebut or contradict the evidence.
Court Disposition
appeal allowed
Orders
- Circuit Court order dismissing proceedings is set aside
- Certificate under s.108 is accepted as conclusive proof
Full Case Text
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