McDermott v Ennis Property Finance DAC & Bank of Scotland plc v McDermott [2019] IECA 142 (17 May 2019)

McDermott v Ennis Property Finance DAC & Bank of Scotland plc v McDermott [2019] IECA 142 (17 May 2019)

The appellant's plenary proceedings were bound to fail as Ennis was the registered owner of the charge, the register was conclusive, and no fraud was alleged; the claims were an abuse of process and/or disclosed no reasonable cause of action. The substitution of Ennis as plaintiff was properly supported by evidence on the balance of probabilities, entitling Ennis to enforce the judgment.

Citation
[2019] IECA 142
Parties
Plaintiff/respondent: Bank of Scotland PLC; Defendant/appellant: Eugene McDermott; Defendant/respondent: Ennis Property Finance DAC
Jurisdiction
Ireland
Judgment Date
17 May 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Two Appeals: (1) Against Dismissal of Plenary Proceedings, (2) Against Substitution Order in Summary Proceedings
Outcome
Both appeals dismissed
Legal Topics
Mortgage Enforcement, Assignment of Loans, Abuse of Process, Substitution of Parties, Summary Judgment, Registration of Charges
Banking Law Property Law Civil Procedure Mortgage Enforcement Assignment of Loans Abuse of Process Substitution of Parties Summary Judgment +1 more

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Parties

Bank of Scotland PLC

Plaintiff/respondent

Eugene McDermott

Defendant/appellant

Ennis Property Finance DAC

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Two Appeals: (1) Against Dismissal of Plenary Proceedings, (2) Against Substitution Order in Summary Proceedings

Legal Issues

  1. 1 Whether the appellant's plenary proceedings disclosed a reasonable cause of action or were an abuse of process
  2. 2 Whether Ennis Property Finance DAC was properly substituted as plaintiff entitled to enforce judgment in summary proceedings

Ratio Decidendi

The appellant's plenary proceedings were bound to fail as Ennis was the registered owner of the charge, the register was conclusive, and no fraud was alleged; the claims were an abuse of process and/or disclosed no reasonable cause of action. The substitution of Ennis as plaintiff was properly supported by evidence on the balance of probabilities, entitling Ennis to enforce the judgment.

Court Disposition

Both appeals dismissed

Orders

  • Appeal against dismissal of plenary proceedings dismissed
  • Appeal against substitution order dismissed