Frigoscandia Ltd v. Continental Irish Meat [1979] IEHC 3; [1982] ILRM 396 (25 April 1979)

Frigoscandia Ltd v. Continental Irish Meat [1979] IEHC 3; [1982] ILRM 396 (25 April 1979)

The retention of title clause in this contract was clear and effective to retain ownership of the machine in the vendor until full payment, and did not merely create a charge requiring registration. The plaintiff was entitled to succeed in its claim.

Citation
[1979] IEHC 3
Parties
Plaintiff/respondent: Frigoscandia (Contracting) Ltd; Defendant: Continental Irish Meat Ltd; Defendant: Lawrence Crowley
Jurisdiction
Ireland
Judgment Date
25 April 1979
Procedural Posture
Civil / High Court Judgment
Outcome
judgment for the plaintiff
Legal Topics
Retention of Title, Sale of Goods, Security Interests, Registration of Charges
Commercial Law Contract Law Company Law Retention of Title Sale of Goods Security Interests Registration of Charges

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Parties

Frigoscandia (Contracting) Ltd

Plaintiff/respondent

Continental Irish Meat Ltd

Defendant

Lawrence Crowley

Defendant

Procedural Posture

Civil / High Court Judgment

Legal Issues

  1. 1 Whether a retention of title clause in a sale of goods contract creates a security interest or retains ownership for the seller
  2. 2 Whether failure to register such a clause as a charge under s.99 of the Companies Act 1963 renders it void against a receiver and creditors

Ratio Decidendi

The retention of title clause in this contract was clear and effective to retain ownership of the machine in the vendor until full payment, and did not merely create a charge requiring registration. The plaintiff was entitled to succeed in its claim.

Court Disposition

judgment for the plaintiff

Orders

  • Plaintiff entitled to succeed in its claim for the outstanding sum or return of the machine