McCann -v- J.M. and Y.W. [2017] IECA 14 (02 February 2017)

McCann -v- J.M. and Y.W. [2017] IECA 14 (02 February 2017)

EBS Ltd. is the valid successor to EBS Building Society; no evidence of mortgage transfer to EBS Mortgage Finance Ltd.; receiver appointment was validly executed under seal as required by statute and mortgage deed.

Citation
[2017] IECA 14
Parties
Plaintiff/respondent: Paul McCann; Defendant/appellant: J. M.; Defendant/appellant: Y. W.
Jurisdiction
Ireland
Judgment Date
02 February 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Receiver Appointment, Mortgage Validity, Corporate Succession, Demutualisation, Standing to Challenge
Property Law Mortgage Law Company Law Receiver Appointment Mortgage Validity Corporate Succession Demutualisation Standing to Challenge

Case Brief

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Parties

Paul McCann

Plaintiff/respondent

J. M.

Defendant/appellant

Y. W.

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether EBS Ltd. is the valid successor to EBS Building Society for mortgage purposes
  2. 2 Whether any mortgages were transferred to EBS Mortgage Finance Ltd.
  3. 3 Whether the appointment of the receiver was validly executed

Ratio Decidendi

EBS Ltd. is the valid successor to EBS Building Society; no evidence of mortgage transfer to EBS Mortgage Finance Ltd.; receiver appointment was validly executed under seal as required by statute and mortgage deed.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed
  • receiver appointment upheld