Hallihan -v- O'Connor & ors [2018] IEHC 109 (07 March 2018)

Hallihan -v- O'Connor & ors [2018] IEHC 109 (07 March 2018)

The re-registration and change of name of ACC Bank plc to ACC Loan Management Ltd did not affect its rights or obligations, and it remained the same legal entity entitled to exercise the power of sale as the registered owner of the charge. The transfer to Rory O'Connor was validly executed in accordance with statutory requirements, and the registration as full owner was lawful. No breach of constitutional rights occurred.

Citation
[2018] IEHC 109
Parties
Appellant: Steven Hallihan; Respondent: Rory O'Connor; Respondent: ACC Loan Management Designated Activity Company (formerly ACC Loan Management Limited); Respondent: Killian O'Shea; Respondent: Kevin O'Shea
Jurisdiction
Ireland
Judgment Date
07 March 2018
Procedural Posture
Application Under S. 19(1) of the Registration of Title Act, 1964 / High Court Judgment
Outcome
Application refused
Legal Topics
Registration of Title, Transfer of Property, Company Re Registration, Statutory Power of Sale, Constitutional Property Rights
Property Law Company Law Land Registration Registration of Title Transfer of Property Company Re Registration Statutory Power of Sale Constitutional Property Rights

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Steven Hallihan

Appellant

Rory O'Connor

Respondent

ACC Loan Management Designated Activity Company (formerly ACC Loan Management Limited)

Respondent

Killian O'Shea

Respondent

Kevin O'Shea

Respondent

Procedural Posture

Application Under S. 19(1) of the Registration of Title Act, 1964 / High Court Judgment

Legal Issues

  1. 1 Whether the registration of Rory O'Connor as full owner of the property was lawful
  2. 2 Whether ACC Loan Management Ltd had the power to transfer the property
  3. 3 Whether the change of name and status of ACC Bank plc affected its rights and obligations

Ratio Decidendi

The re-registration and change of name of ACC Bank plc to ACC Loan Management Ltd did not affect its rights or obligations, and it remained the same legal entity entitled to exercise the power of sale as the registered owner of the charge. The transfer to Rory O'Connor was validly executed in accordance with statutory requirements, and the registration as full owner was lawful. No breach of constitutional rights occurred.

Court Disposition

Application refused

Orders

  • The reliefs sought in the notice of motion of 18th January, 2017 are refused.