Drillfix Ltd -v- Savage & Anor [2009] IEHC 546 (09 December 2009)

Drillfix Ltd -v- Savage & Anor [2009] IEHC 546 (09 December 2009)

Plaintiff is entitled to a well charging order and declaration of amount due on foot of judgment mortgage over first named defendant's interest; insufficient evidence on property value, mortgage details, and feasibility of sale; proceedings adjourned for further enquiries before considering order for sale.

Citation
[2009] IEHC 546
Parties
Plaintiff: Drillfix Limited; First Named Defendant: Mabel Savage; Second Named Defendant: Ruth Savage
Jurisdiction
Ireland
Judgment Date
09 December 2009
Procedural Posture
Special Summons / Judgment on Application for Well Charging Order and Sale
Outcome
well charging order granted; proceedings adjourned for further enquiries
Legal Topics
Judgment Mortgage, Partition, Sale in Lieu of Partition, Co Ownership, Innocent Co Owner, Enforcement of Judgment
Property Law Civil Procedure Judgment Mortgage Partition Sale in Lieu of Partition Co Ownership Innocent Co Owner Enforcement of Judgment

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Parties

Drillfix Limited

Plaintiff

Mabel Savage

First Named Defendant

Ruth Savage

Second Named Defendant

Procedural Posture

Special Summons / Judgment on Application for Well Charging Order and Sale

Legal Issues

  1. 1 Whether a well charging order should be made over the first named defendant's interest in the property
  2. 2 Whether the court should direct a sale of the premises in lieu of partition under the Partition Acts 1868-1876
  3. 3 Whether hardship to an innocent co-owner justifies refusal of an order for sale

Ratio Decidendi

Plaintiff is entitled to a well charging order and declaration of amount due on foot of judgment mortgage over first named defendant's interest; insufficient evidence on property value, mortgage details, and feasibility of sale; proceedings adjourned for further enquiries before considering order for sale.

Court Disposition

well charging order granted; proceedings adjourned for further enquiries

Orders

  • Well charging order over first named defendant's interest in property
  • Declaration of amount due and owing by first named defendant to plaintiff on foot of judgment mortgage