Irish Life & Permanent PLC t/a Permanent TSB -v- O'Mahony [2015] IECA 98 (08 May 2015)

Irish Life & Permanent PLC t/a Permanent TSB -v- O'Mahony [2015] IECA 98 (08 May 2015)

None of the grounds raised by Mr. O’Mahony constituted a bona fide defence; the bank properly proved its debt; new arguments not raised below cannot be considered on appeal.

Citation
[2015] IECA 98
Parties
Plaintiff/respondent: Irish Life & Permanent Plc Trading as Permanent TSB; Defendant/appellant: John O’Mahony
Jurisdiction
Ireland
Judgment Date
08 May 2015
Procedural Posture
Summary Judgment Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Proof of Debt, Bankers Books Evidence Acts, Hearsay, Set Off, Mortgage Validity, Securitisation, Reckless Lending
Banking Law Civil Procedure Summary Judgment Proof of Debt Bankers Books Evidence Acts Hearsay Set Off Mortgage Validity +2 more

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Parties

Irish Life & Permanent Plc Trading as Permanent TSB

Plaintiff/respondent

John O’Mahony

Defendant/appellant

Procedural Posture

Summary Judgment Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendant disclosed a bona fide defence to the bank's claim for summary judgment
  2. 2 Whether the bank properly proved its debt under the Bankers Books Evidence Acts
  3. 3 Whether hearsay in affidavits invalidates summary judgment evidence

Ratio Decidendi

None of the grounds raised by Mr. O’Mahony constituted a bona fide defence; the bank properly proved its debt; new arguments not raised below cannot be considered on appeal.

Court Disposition

appeal dismissed

Orders

  • Summary judgment for €927,463.08 in favour of the bank
  • Order for costs to be taxed in default of agreement