Wise Financial Co. Ltd. v. Lanagan [2000] IEHC 79 (6th November, 2000)

Wise Financial Co. Ltd. v. Lanagan [2000] IEHC 79 (6th November, 2000)

Plaintiff cannot recover possession because the principal monies secured by the deed of charge have not become due under its terms, due to contradictions between the deed and the commitment letter regarding currency and repayment method.

Citation
[2000] IEHC 79
Parties
Applicant: Plaintiff; Respondent: Defendant
Jurisdiction
Ireland
Procedural Posture
Summary Possession Application / Judgment
Outcome
relief refused
Legal Topics
Registered Charges, Mortgage Enforcement, Currency of Repayment, Interpretation of Charge Instrument
Property Law Mortgage Law Registered Charges Mortgage Enforcement Currency of Repayment Interpretation of Charge Instrument

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Plaintiff

Applicant

Defendant

Respondent

Procedural Posture

Summary Possession Application / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to possession of lands under section 62(7) of the Registration of Title Act 1964
  2. 2 Whether the charge instrument secures monies advanced in Irish currency or Sterling
  3. 3 Whether the plaintiff can rely on the general indebtedness and liability covenant for possession

Ratio Decidendi

Plaintiff cannot recover possession because the principal monies secured by the deed of charge have not become due under its terms, due to contradictions between the deed and the commitment letter regarding currency and repayment method.

Court Disposition

relief refused

Orders

  • Plaintiff's application for possession is refused