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 the contract was clear and effective to retain ownership of the machine in the plaintiff until full payment, and did not merely create a charge requiring registration under s.99 of the Companies Act, 1963.

Citation
[1982] ILRM 396
Parties
Plaintiff/respondent: Frigoscandia (Contracting) Ltd; Defendant: Continental Irish Meat Ltd; Defendant: Lawrence Crowley
Jurisdiction
Ireland
Judgment Date
25 April 1979
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Retention of Title, Sale of Goods, Security Interests, Company Receivership
Commercial Law Company Law Retention of Title Sale of Goods Security Interests Company Receivership

Case Brief

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Parties

Frigoscandia (Contracting) Ltd

Plaintiff/respondent

Continental Irish Meat Ltd

Defendant

Lawrence Crowley

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the retention of title clause was effective to retain ownership in the goods for the vendor until full payment
  2. 2 Whether the clause constituted a charge requiring registration under s.99 of the Companies Act, 1963

Ratio Decidendi

The retention of title clause in the contract was clear and effective to retain ownership of the machine in the plaintiff until full payment, and did not merely create a charge requiring registration under s.99 of the Companies Act, 1963.

Court Disposition

judgment for plaintiff

Orders

  • Plaintiff entitled to succeed in its claim; outstanding sum to be accepted in satisfaction of claim.