ACC Bank plc -v- Cunniffe & Ors, Lawless & Ors -v- ACC Bank plc & ACC Bank & Anor -v- Lawless & Ors [2017] IECA 261 (13 October 2017)

ACC Bank plc -v- Cunniffe & Ors, Lawless & Ors -v- ACC Bank plc & ACC Bank & Anor -v- Lawless & Ors [2017] IECA 261 (13 October 2017)

The Court of Appeal dismissed all appeals. The High Court acted within its discretion in refusing to admit the late affidavit. The mortgagors are not entitled to a VAT invoice from the receiver as the services were supplied to the bank, not to them, under the doctrine of third party consideration. The proceedings were properly struck out as frivolous, vexatious, and disclosing no reasonable cause of action. The legal principles and relevant legislation were correctly applied.

Citation
[2017] IECA 261
Parties
Plaintiff/respondent: ACC Bank PLC; Defendant/appellant: Aidan Cunniffe; Defendant/appellant: Rita Cunniffe; Defendant/appellant: John Lawless; Defendant/appellant: Brian Cunniffe; Defendant/appellant: James Cunniffe; Defendant/respondent: Kieran Wallace; Defendant/respondent: KPMG; Defendant/respondent: Michael Regan; Defendant/respondent: Michael Regan Auctioneering Limited; Defendant/respondent: Jarlaith Mannion; Defendant/respondent: Catherine Mannion; Defendant/respondent: Enda Cusack; Defendant/respondent: Stephen Grehan; Defendant/respondent: Brian Kennedy; Defendant/respondent: John Joe Kennedy
Jurisdiction
Ireland
Judgment Date
13 October 2017
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Mortgage Enforcement, Receiver Duties, VAT Invoice Entitlement, Strike Out Proceedings, Slip Rule Correction, Abuse of Process
Banking Law Property Law Civil Procedure Tax Law Mortgage Enforcement Receiver Duties VAT Invoice Entitlement Strike Out Proceedings +2 more

Case Brief

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Parties

ACC Bank PLC

Plaintiff/respondent

Aidan Cunniffe

Defendant/appellant

Rita Cunniffe

Defendant/appellant

John Lawless

Defendant/appellant

Brian Cunniffe

Defendant/appellant

James Cunniffe

Defendant/appellant

Kieran Wallace

Defendant/respondent

KPMG

Defendant/respondent

Michael Regan

Defendant/respondent

Michael Regan Auctioneering Limited

Defendant/respondent

Jarlaith Mannion

Defendant/respondent

Catherine Mannion

Defendant/respondent

Enda Cusack

Defendant/respondent

Stephen Grehan

Defendant/respondent

Brian Kennedy

Defendant/respondent

John Joe Kennedy

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the High Court erred in refusing to admit a late affidavit under the slip rule motion
  2. 2 Whether the mortgagors are entitled to a VAT invoice from the receiver
  3. 3 Whether proceedings should be struck out as frivolous, vexatious, or disclosing no reasonable cause of action

Ratio Decidendi

The Court of Appeal dismissed all appeals. The High Court acted within its discretion in refusing to admit the late affidavit. The mortgagors are not entitled to a VAT invoice from the receiver as the services were supplied to the bank, not to them, under the doctrine of third party consideration. The proceedings were properly struck out as frivolous, vexatious, and disclosing no reasonable cause of action. The legal principles and relevant legislation were correctly applied.

Court Disposition

appeal dismissed

Orders

  • Slip rule appeal dismissed; High Court order affirmed
  • VAT invoice appeal dismissed; High Court order affirmed