Bank of Ireland Mortgage Bank -v- Heron & Anor [2015] IECA 66 (26 March 2015)

Bank of Ireland Mortgage Bank -v- Heron & Anor [2015] IECA 66 (26 March 2015)

The defendants failed to establish even an arguable defence; their assertion regarding defective title was unsupported and contradicted by evidence that their own solicitor provided the certificate of title and undertaking. The High Court judge erred by not giving reasons and by remitting the case to plenary hearing without justification.

Citation
[2015] IECA 66
Parties
Plaintiff/appellant: Bank of Ireland Mortgage Bank; Defendant/respondent: Colm Heron; Defendant/respondent: Orla Heron
Jurisdiction
Ireland
Judgment Date
26 March 2015
Procedural Posture
Civil Appeal / Appeal From High Court Summary Judgment Refusal
Outcome
appeal allowed; summary judgment granted
Legal Topics
Summary Judgment, Duty to Give Reasons, Mortgage Enforcement, Defective Title, Solicitor's Undertaking
Civil Procedure Banking Law Summary Judgment Duty to Give Reasons Mortgage Enforcement Defective Title Solicitor's Undertaking

Case Brief

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Parties

Bank of Ireland Mortgage Bank

Plaintiff/appellant

Colm Heron

Defendant/respondent

Orla Heron

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Summary Judgment Refusal

Legal Issues

  1. 1 Whether the High Court judge erred in refusing summary judgment without giving reasons
  2. 2 Whether the defendants established a fair and reasonable probability of having a real or bona fide defence
  3. 3 Whether the defendants' asserted defence regarding defective title and solicitor's undertaking was arguable

Ratio Decidendi

The defendants failed to establish even an arguable defence; their assertion regarding defective title was unsupported and contradicted by evidence that their own solicitor provided the certificate of title and undertaking. The High Court judge erred by not giving reasons and by remitting the case to plenary hearing without justification.

Court Disposition

appeal allowed; summary judgment granted

Orders

  • Judgment entered in favour of the plaintiff for €171,699.92 plus interest
  • High Court order remitting case to plenary hearing set aside