Permanent TSB PLC v Spillane & Anor (Approved) [2023] IEHC 652 (16 November 2023)

Permanent TSB PLC v Spillane & Anor (Approved) [2023] IEHC 652 (16 November 2023)

Start Mortgages DAC established prima facie evidence of valid sale, assignment, and notice to both defendants; registration of charge completed; procedural objections do not bar substitution; order for substitution granted.

Citation
[2023] IEHC 652
Parties
Plaintiff: Permanent TSB PLC; Defendant: Frank Spillane; Defendant: Annette Spillane; Applicant for Substitution: Start Mortgages Designated Activity Company
Jurisdiction
Ireland
Judgment Date
16 November 2023
Procedural Posture
Plenary Summons / Motion for Substitution of Plaintiff
Outcome
application granted
Legal Topics
Assignment of Chose in Action, Mortgage Transfer, Notice Requirements, Substitution of Parties, Registration of Charges
Civil Procedure Property Law Banking Law Assignment of Chose in Action Mortgage Transfer Notice Requirements Substitution of Parties Registration of Charges

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Parties

Permanent TSB PLC

Plaintiff

Frank Spillane

Defendant

Annette Spillane

Defendant

Start Mortgages Designated Activity Company

Applicant for Substitution

Procedural Posture

Plenary Summons / Motion for Substitution of Plaintiff

Legal Issues

  1. 1 Whether Start Mortgages DAC should be substituted as plaintiff in place of Permanent TSB PLC
  2. 2 Whether valid assignment and notice of loan and charge occurred
  3. 3 Effect of death of first-named defendant on enforceability and assignment of charge

Ratio Decidendi

Start Mortgages DAC established prima facie evidence of valid sale, assignment, and notice to both defendants; registration of charge completed; procedural objections do not bar substitution; order for substitution granted.

Court Disposition

application granted

Orders

  • Start Mortgages DAC substituted as plaintiff in place of Permanent TSB PLC