Jacob & anor -v- Walsh & ors [2015] IEHC 710 (10 October 2015)

Jacob & anor -v- Walsh & ors [2015] IEHC 710 (10 October 2015)

The Court held that, while the plaintiffs have not established entitlement to the declarations sought, their claim is not so unstateable, frivolous, or vexatious as to warrant being struck out at this stage. There is a genuine legal issue regarding the interaction of s. 69 and s. 72 of the Registration of Title Act...

Source-derived case information.

Citation
[2015] IEHC 710
Parties
Plaintiff: James Jacob; Plaintiff: Christopher Jacob; Defendant: George Walsh; Defendant: Sam Walsh; Defendant: The Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Judgment Date
10 October 2015
Procedural Posture
Plenary Summons / Interlocutory Applications: Motion for Judgment in Default of Defence and Motion to Strike Out
Outcome
Plaintiffs' motion for judgment in default of defence refused; third defendant's motion to strike out proceedings refused; matter remitted to plenary hearing.
Legal Topics
Vendor's Lien, Priority of Charges, Overriding Interests, Actual Occupation, Registration of Title Act 1964, Striking Out Proceedings
Property Law Land Law Civil Procedure Vendor's Lien Priority of Charges Overriding Interests Actual Occupation Registration of Title Act 1964 +1 more

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Parties

James Jacob

Plaintiff

Christopher Jacob

Plaintiff

George Walsh

Defendant

Sam Walsh

Defendant

The Governor and Company of the Bank of Ireland

Defendant

Procedural Posture

Plenary Summons / Interlocutory Applications: Motion for Judgment in Default of Defence and Motion to Strike Out

Legal Issues

  1. 1 Whether the plaintiffs have a vendor's lien or charge over the properties for unpaid purchase money
  2. 2 Whether such lien or charge takes priority over the registered charge of the Bank of Ireland
  3. 3 Whether the proceedings should be struck out as disclosing no reasonable cause of action or as frivolous/vexatious

Ratio Decidendi

The Court held that, while the plaintiffs have not established entitlement to the declarations sought, their claim is not so unstateable, frivolous, or vexatious as to warrant being struck out at this stage. There is a genuine legal issue regarding the interaction of s. 69 and s. 72 of the Registration of Title Act 1964 in the context of vendor’s liens and actual occupation, which should be determined at plenary hearing.

Court Disposition

Plaintiffs' motion for judgment in default of defence refused; third defendant's motion to strike out proceedings refused; matter remitted to plenary hearing.

Orders

  • Refusal of plaintiffs' application for judgment in default of defence against the Bank of Ireland.
  • Refusal of Bank of Ireland's application to strike out the proceedings.