The Governor and Company of Bank of Ireland & Anor v Lyons & Ors (Approved) [2020] IECA 352 (10 December 2020)

The Governor and Company of Bank of Ireland & Anor v Lyons & Ors (Approved) [2020] IECA 352 (10 December 2020)

The appeal was dismissed because the interlocutory orders did not exclude the appellant from occupation, did not prejudge the validity of the lease, and the appellant's concerns were unfounded. The joinder of Link ASI Limited as a plaintiff was necessary to regularise the proceedings following the transfer of the mortgage and receiver agreements. The trial judge did not err in law or fact in making the interlocutory orders.

Citation
[2020] IECA 352
Parties
Plaintiff/respondent: The Governor and Company of the Bank of Ireland; Plaintiff/respondent: Simon Coyle; Defendant: John Lyons; Defendant: Noel Griffin; Defendant: Brian Hade; Defendant/appellant: Niall Hade; Plaintiff (joined): Link ASI Limited
Jurisdiction
Ireland
Judgment Date
10 December 2020
Procedural Posture
Civil Appeal / Appeal From Interlocutory Orders of the High Court
Outcome
Appeal dismissed
Legal Topics
Mortgage Enforcement, Receivership, Interlocutory Injunctions, Party Substitution/joinder, Lease Validity, Costs
Property Law Banking Law Civil Procedure Mortgage Enforcement Receivership Interlocutory Injunctions Party Substitution/joinder Lease Validity +1 more

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Parties

The Governor and Company of the Bank of Ireland

Plaintiff/respondent

Simon Coyle

Plaintiff/respondent

John Lyons

Defendant

Noel Griffin

Defendant

Brian Hade

Defendant

Niall Hade

Defendant/appellant

Link ASI Limited

Plaintiff (joined)

Procedural Posture

Civil Appeal / Appeal From Interlocutory Orders of the High Court

Legal Issues

  1. 1 Whether the High Court erred in granting interlocutory orders against the appellant
  2. 2 Whether the appellant is bound to pay €3,500 per month to the Receiver pending trial
  3. 3 Whether the trial judge prejudged the validity of the lease

Ratio Decidendi

The appeal was dismissed because the interlocutory orders did not exclude the appellant from occupation, did not prejudge the validity of the lease, and the appellant's concerns were unfounded. The joinder of Link ASI Limited as a plaintiff was necessary to regularise the proceedings following the transfer of the mortgage and receiver agreements. The trial judge did not err in law or fact in making the interlocutory orders.

Court Disposition

Appeal dismissed

Orders

  • Link ASI Limited joined as plaintiff pursuant to Order 17, rule 4 RSC
  • Appellant to pay €3,500 per month to the Receiver pending determination of proceedings