Dovebid Netherlands BV v. Phelan t/a The Phelan Partnership & Anor [2007] IEHC 131 (23 April 2007)

Dovebid Netherlands BV v. Phelan t/a The Phelan Partnership & Anor [2007] IEHC 131 (23 April 2007)

Technical non-compliance with the statutory requirements of the Judgment Mortgage (Ireland) Act 1850 does not invalidate a judgment mortgage if the debtor and property are clearly and adequately identified and no confusion arises.

Citation
[2007] IEHC 131
Parties
Plaintiff: Dovebid Netherlands BV; First Defendant: William Phelan trading as The Phelan Partnership; Second Defendant: Denise O'Byrne
Jurisdiction
Ireland
Judgment Date
23 April 2007
Procedural Posture
Special Summons / Judgment
Outcome
application granted
Legal Topics
Judgment Mortgage, Statutory Compliance, Identification of Debtor and Property
Property Law Civil Procedure Judgment Mortgage Statutory Compliance Identification of Debtor and Property

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Parties

Dovebid Netherlands BV

Plaintiff

William Phelan trading as The Phelan Partnership

First Defendant

Denise O'Byrne

Second Defendant

Procedural Posture

Special Summons / Judgment

Legal Issues

  1. 1 Whether non-compliance with the strict requirements of the Judgment Mortgage (Ireland) Act 1850 in the judgment mortgage affidavit is fatal to the application to have the judgment mortgage declared well charged

Ratio Decidendi

Technical non-compliance with the statutory requirements of the Judgment Mortgage (Ireland) Act 1850 does not invalidate a judgment mortgage if the debtor and property are clearly and adequately identified and no confusion arises.

Court Disposition

application granted

Orders

  • Declaration that the judgment mortgage registered by the plaintiff is well charged over the interest of the first named defendant in the lands and premises at 49, Mountainview Road, Ranelagh, Dublin 6.