The Governor and Company of The Bank of Ireland v Balford Construction Ltd & Anor (Approved) [2023] IECA 50 (20 January 2023)

The Governor and Company of The Bank of Ireland v Balford Construction Ltd & Anor (Approved) [2023] IECA 50 (20 January 2023)

The Court found that all documents and issues raised by the applicant were before the High Court and addressed in the judgment. No evidence of fraud meeting the required threshold was established. Procedurally, the reliefs sought (adjournment and DAR release) were not warranted; the appeal should proceed as listed. The DAR may be released, but its absence is not grounds for adjournment.

Citation
[2023] IECA 50
Parties
Respondent/appellant: The Governor and Company of The Bank of Ireland; Respondent/appellant: Balford Construction Limited; Appellant/notice Party: Raheenleagh Power DAC
Jurisdiction
Ireland
Judgment Date
20 January 2023
Procedural Posture
Civil Appeal / Interlocutory Motion in Appeal
Outcome
Motion refused in part, granted in part
Legal Topics
Fraud on the Court, Mortgagee's Power of Sale, Right of Way, Valuation of Secured Property, Adjournment of Appeal, Release of Digital Audio Recording (dar)
Banking Law Property Law Civil Procedure Fraud on the Court Mortgagee's Power of Sale Right of Way Valuation of Secured Property Adjournment of Appeal +1 more

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Parties

The Governor and Company of The Bank of Ireland

Respondent/appellant

Balford Construction Limited

Respondent/appellant

Raheenleagh Power DAC

Appellant/notice Party

Procedural Posture

Civil Appeal / Interlocutory Motion in Appeal

Legal Issues

  1. 1 Whether the High Court was misled by alleged fraudulent representations by the bank regarding the sale and access to secured property.
  2. 2 Whether the appeal should be adjourned pending the outcome of related High Court proceedings.
  3. 3 Whether the Digital Audio Recording (DAR) of the High Court hearing should be released to the applicants.

Ratio Decidendi

The Court found that all documents and issues raised by the applicant were before the High Court and addressed in the judgment. No evidence of fraud meeting the required threshold was established. Procedurally, the reliefs sought (adjournment and DAR release) were not warranted; the appeal should proceed as listed. The DAR may be released, but its absence is not grounds for adjournment.

Court Disposition

Motion refused in part, granted in part

Orders

  • Refusal of adjournment of the appeal; appeal to proceed as listed.
  • Direction that the Digital Audio Recording (DAR) be released to the applicants, with the stipulation that its absence is not grounds for adjournment.