Geary & anor v Property Registration Authority & ors [2018] IEHC 727 (19 November 2018)

Geary & anor v Property Registration Authority & ors [2018] IEHC 727 (19 November 2018)

The Geary proceedings duplicated issues already litigated or capable of being litigated in the Receiver proceedings, constituting an abuse of process. Claims against Bank of Scotland, Ennis Property, Tom Kavanagh, and Maples and Calder were legally unsustainable, and the PRA was under a mandatory obligation to register charges. Reliefs sought by motion were inappropriate and failed to meet the legal threshold for mandatory injunction.

Citation
[2018] IEHC 727
Parties
Plaintiff: Declan Geary; Plaintiff: Marie Geary; Defendant: Property Registration Authority; Defendant: Ennis Property Finance DAC; Defendant: Bank of Scotland PLC; Defendant: Tom Kavanagh; Defendant: Maples and Calder Solicitors
Jurisdiction
Ireland
Judgment Date
19 November 2018
Procedural Posture
Plenary Proceedings / Motion to Strike Out and Interlocutory Relief
Outcome
Proceedings struck out as against Ennis Property Finance DAC, Tom Kavanagh, Maples and Calder Solicitors, Bank of Scotland PLC, and Property Registration Authority. Reliefs sought by the Gearys refused.
Legal Topics
Abuse of Process, Receiver Appointment, Mortgage Transfer, Strike Out Jurisdiction, Mandatory Injunction, Registration of Charges
Property Law Civil Procedure Abuse of Process Receiver Appointment Mortgage Transfer Strike Out Jurisdiction Mandatory Injunction Registration of Charges

Case Brief

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Parties

Declan Geary

Plaintiff

Marie Geary

Plaintiff

Property Registration Authority

Defendant

Ennis Property Finance DAC

Defendant

Bank of Scotland PLC

Defendant

Tom Kavanagh

Defendant

Maples and Calder Solicitors

Defendant

Procedural Posture

Plenary Proceedings / Motion to Strike Out and Interlocutory Relief

Legal Issues

  1. 1 Whether the Geary proceedings duplicate issues already litigated in the Receiver proceedings
  2. 2 Whether claims against Bank of Scotland, Ennis Property, Tom Kavanagh, and Maples and Calder are legally sustainable
  3. 3 Whether the Property Registration Authority can be compelled to remove charges or restrained from progressing receivership

Ratio Decidendi

The Geary proceedings duplicated issues already litigated or capable of being litigated in the Receiver proceedings, constituting an abuse of process. Claims against Bank of Scotland, Ennis Property, Tom Kavanagh, and Maples and Calder were legally unsustainable, and the PRA was under a mandatory obligation to register charges. Reliefs sought by motion were inappropriate and failed to meet the legal threshold for mandatory injunction.

Court Disposition

Proceedings struck out as against Ennis Property Finance DAC, Tom Kavanagh, Maples and Calder Solicitors, Bank of Scotland PLC, and Property Registration Authority. Reliefs sought by the Gearys refused.

Orders

  • Strike out proceedings as against Ennis Property Finance DAC, Tom Kavanagh, Maples and Calder Solicitors
  • Strike out proceedings as against Bank of Scotland PLC