Irish Bank Resolution Corporation -v- Comer [2014] IEHc 671 (30 July 2014)

Irish Bank Resolution Corporation -v- Comer [2014] IEHc 671 (30 July 2014)

The court held that, on the basis of uncontroverted affidavit evidence and supporting documents, there was sufficient prima facie evidence of the assignment of the debt and notice to the defendants to justify substitution of Launceston Property Finance Limited as plaintiff under Order 15, rule 14. The validity and efficacy of the assignment and notice are matters for trial, not for determination on this procedural motion.

Citation
[2014] IEHc 671
Parties
Original Plaintiff: Irish Bank Resolution Corporation Limited (in special liquidation); Applicant/substituted Plaintiff: Launceston Property Finance Limited; Defendant: Noel Comer; Defendant: Deirdre Comer
Jurisdiction
Ireland
Judgment Date
30 July 2014
Procedural Posture
Commercial Summary Summons (high Court) / Application for Substitution of Plaintiff Prior to Plenary Hearing
Outcome
Application granted; Launceston Property Finance Limited substituted as plaintiff in place of Irish Bank Resolution Corporation Limited (in special liquidation)
Legal Topics
Substitution of Parties, Assignment of Debt, Procedural Motions, Notice Requirements, Redaction of Documents
Civil Procedure Banking Law Substitution of Parties Assignment of Debt Procedural Motions Notice Requirements Redaction of Documents

Case Brief

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Parties

Irish Bank Resolution Corporation Limited (in special liquidation)

Original Plaintiff

Launceston Property Finance Limited

Applicant/substituted Plaintiff

Noel Comer

Defendant

Deirdre Comer

Defendant

Procedural Posture

Commercial Summary Summons (high Court) / Application for Substitution of Plaintiff Prior to Plenary Hearing

Legal Issues

  1. 1 Whether Launceston Property Finance Limited should be substituted as plaintiff in place of Irish Bank Resolution Corporation Limited under Order 15, rule 14 of the Rules of the Superior Courts
  2. 2 Whether there is sufficient prima facie evidence of assignment of the relevant debt and notice to the defendants to justify substitution

Ratio Decidendi

The court held that, on the basis of uncontroverted affidavit evidence and supporting documents, there was sufficient prima facie evidence of the assignment of the debt and notice to the defendants to justify substitution of Launceston Property Finance Limited as plaintiff under Order 15, rule 14. The validity and efficacy of the assignment and notice are matters for trial, not for determination on this procedural motion.

Court Disposition

Application granted; Launceston Property Finance Limited substituted as plaintiff in place of Irish Bank Resolution Corporation Limited (in special liquidation)

Orders

  • Launceston Property Finance Limited is substituted as plaintiff in these proceedings in lieu of Irish Bank Resolution Corporation Limited (in special liquidation)
  • Irish Bank Resolution Corporation Limited is removed as a party to the proceedings