ICS Building Society v O'Brien [2018] IEHC 703 (07 December 2018)

ICS Building Society v O'Brien [2018] IEHC 703 (07 December 2018)

Judgment was regularly obtained with affidavit of debt filed; defendant had no defence at the time judgment was marked; subsequent loan restructuring cannot form basis of defence; application to set aside judgment refused.

Citation
[2018] IEHC 703
Parties
Plaintiff: ICS Building Society; Defendant: Patrick O'Brien
Jurisdiction
Ireland
Judgment Date
07 December 2018
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment Motion
Outcome
application refused
Legal Topics
Setting Aside Default Judgment, Loan Arrears, Affidavit of Debt, Consumer Protection Code
Civil Procedure Banking Law Setting Aside Default Judgment Loan Arrears Affidavit of Debt Consumer Protection Code

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

ICS Building Society

Plaintiff

Patrick O'Brien

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment Motion

Legal Issues

  1. 1 Whether judgment in default of appearance should be set aside
  2. 2 Whether judgment was obtained irregularly or regularly
  3. 3 Whether defendant had a good defence at the time judgment was marked

Ratio Decidendi

Judgment was regularly obtained with affidavit of debt filed; defendant had no defence at the time judgment was marked; subsequent loan restructuring cannot form basis of defence; application to set aside judgment refused.

Court Disposition

application refused

Orders

  • application to set aside default judgment refused