Malone v. McQuaid [1998] IEHC 86 (28th May, 1998)

Malone v. McQuaid [1998] IEHC 86 (28th May, 1998)

The presumption of advancement applies and is not rebutted; Ms Malone is entitled to the entire beneficial interest in Scope House. Defendant's registration did not cause loss of sale or constitute actionable torts; no damages are awarded.

Citation
[1998] IEHC 86
Parties
Plaintiff: May Malone; Plaintiff: Stephen Fagan; Defendant: Liam McQuaid
Jurisdiction
Ireland
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiffs succeed in establishing sole beneficial ownership for Ms Malone; no damages awarded; Defendant's registration to be vacated.
Legal Topics
Resulting Trust, Presumption of Advancement, Negligence, Slander of Title, Misfeasance in Public Office, Unlawful Interference With Contract
Property Law Equity Tort Law Resulting Trust Presumption of Advancement Negligence Slander of Title Misfeasance in Public Office +1 more

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Parties

May Malone

Plaintiff

Stephen Fagan

Plaintiff

Liam McQuaid

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Mr Fagan has a beneficial interest in Scope House and its extent
  2. 2 Whether the Defendant is liable to the Plaintiffs in damages

Ratio Decidendi

The presumption of advancement applies and is not rebutted; Ms Malone is entitled to the entire beneficial interest in Scope House. Defendant's registration did not cause loss of sale or constitute actionable torts; no damages are awarded.

Court Disposition

Plaintiffs succeed in establishing sole beneficial ownership for Ms Malone; no damages awarded; Defendant's registration to be vacated.

Orders

  • Registration of judgment against Ms Malone to be vacated.
  • No damages awarded to Plaintiffs.