Promontoria (Oyster) Designated Activity Company v Kean (Unapproved) [2023] IECA 181 (17 July 2023)

Promontoria (Oyster) Designated Activity Company v Kean (Unapproved) [2023] IECA 181 (17 July 2023)

A lien registered under s.73(3) of the Registration of Deeds and Title Act 2006 is capable of securing advances made after 31 December 2009, and the appellant is entitled to advance an argument for enforcement of an equitable charge based on contractual promise, subject to determination of the facts in the well charging proceedings.

Citation
[2023] IECA 181
Parties
Plaintiff/appellant: Promontoria (Oyster) Designated Activity Company; Defendant/respondent: Michael Kean
Jurisdiction
Ireland
Judgment Date
17 July 2023
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
appeal allowed
Legal Topics
Registered Land, Lien, Equitable Charge, Well Charging Order, Registration of Deeds and Title Act 2006, Security for Loans
Property Law Banking Law Registered Land Lien Equitable Charge Well Charging Order Registration of Deeds and Title Act 2006 Security for Loans

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Parties

Promontoria (Oyster) Designated Activity Company

Plaintiff/appellant

Michael Kean

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether a lien registered pursuant to s.73(3) of the Registration of Deeds and Title Act 2006 can secure lending advanced after 31 December 2009
  2. 2 Whether Promontoria can advance an argument for enforcement of an equitable charge distinct from the registered lien

Ratio Decidendi

A lien registered under s.73(3) of the Registration of Deeds and Title Act 2006 is capable of securing advances made after 31 December 2009, and the appellant is entitled to advance an argument for enforcement of an equitable charge based on contractual promise, subject to determination of the facts in the well charging proceedings.

Court Disposition

appeal allowed

Orders

  • Declaration that a s.73(3) registered lien can secure advances made after 31 December 2009
  • Appellant entitled to advance argument for enforcement of an equitable charge in well charging proceedings