Tarbutus Ltd v Hogan (Unapproved) [2023] IECA 23 (08 February 2023)

Tarbutus Ltd v Hogan (Unapproved) [2023] IECA 23 (08 February 2023)

The Court held that the certified copy folio is conclusive evidence of Tarbutus's ownership under s.31 of the Registration of Title Act 1964. Mr. Hogan failed to provide evidence of actual fraud or mistake sufficient to warrant rectification of the register. Procedural decisions regarding adjournment and...

Source-derived case information.

Citation
[2023] IECA 23
Parties
Respondent: Tarbutus Limited; Appellant: Conor Hogan
Jurisdiction
Ireland
Judgment Date
08 February 2023
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Registration of Title, Rectification of Land Register, Trespass, Injunctions, Natural Justice
Property Law Civil Procedure Registration of Title Rectification of Land Register Trespass Injunctions Natural Justice

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Summary, issues, holding and outcome

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Parties

Tarbutus Limited

Respondent

Conor Hogan

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Land Registry Folio is conclusive evidence of ownership under s.31 of the Registration of Title Act 1964
  2. 2 Whether alleged mistakes or fraud in the transfer warrant rectification of the register
  3. 3 Whether the appellant had a beneficial right to possession

Ratio Decidendi

The Court held that the certified copy folio is conclusive evidence of Tarbutus's ownership under s.31 of the Registration of Title Act 1964. Mr. Hogan failed to provide evidence of actual fraud or mistake sufficient to warrant rectification of the register. Procedural decisions regarding adjournment and consolidation were within the discretion of the High Court and did not breach natural justice. Claims of beneficial possession and other alleged defects did not overcome the conclusiveness of the register.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to Tarbutus Limited