Bank of Ireland Mortgage Bank UnLtd Company v McCarthy & Anor (Unapproved) [2023] IECA 96 (26 April 2023)

Bank of Ireland Mortgage Bank UnLtd Company v McCarthy & Anor (Unapproved) [2023] IECA 96 (26 April 2023)

The appellant failed to provide credible evidence supporting any defence to the respondent's claim. The ECB tracker rate was not discontinued, sale proceeds were properly accounted for, and exclusion from tracker mortgage review was irrelevant. The trial judge was correct to grant summary judgment and refuse adjournment to plenary hearing.

Citation
[2023] IECA 96
Parties
Plaintiff/respondent: Bank of Ireland Mortgage Bank UnLtd Company; Defendant: John McCarthy; Defendant/appellant: Jeremiah Healy
Jurisdiction
Ireland
Judgment Date
26 April 2023
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Interest Rate Disputes, Mortgage Enforcement, Tracker Mortgage Review, Application of Sale Proceeds
Banking Law Contract Law Summary Judgment Interest Rate Disputes Mortgage Enforcement Tracker Mortgage Review Application of Sale Proceeds

Case Brief

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Parties

Bank of Ireland Mortgage Bank UnLtd Company

Plaintiff/respondent

John McCarthy

Defendant

Jeremiah Healy

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the appellant had a credible and bona fide defence to summary judgment proceedings
  2. 2 Whether the respondent properly accounted for sale proceeds of secured properties
  3. 3 Whether the applicable interest rate was discontinued after October 2008

Ratio Decidendi

The appellant failed to provide credible evidence supporting any defence to the respondent's claim. The ECB tracker rate was not discontinued, sale proceeds were properly accounted for, and exclusion from tracker mortgage review was irrelevant. The trial judge was correct to grant summary judgment and refuse adjournment to plenary hearing.

Court Disposition

appeal dismissed

Orders

  • High Court order affirmed
  • Costs hearing to be convened to address costs incurred in appeal and below