C. A. B. -v- C. & Anor [2009] IEHC 351 (18 June 2009)

C. A. B. -v- C. & Anor [2009] IEHC 351 (18 June 2009)

The Criminal Assets Bureau failed to adduce sufficient admissible evidence to establish that A. C., Jnr. had any legal or equitable interest or disposing power in the property at Ballybough Road. Mere intermingling of funds and suspicions were insufficient to prove beneficial ownership. The onus of proof was not...

Source-derived case information.

Citation
[2009] IEHC 351
Parties
Plaintiff: The Criminal Assets Bureau; Defendant: A. C.; Notice Party: A. C. (Senior); Plaintiff (in Consolidated Case): A. C. (Senior); Defendant (in Consolidated Case): The Criminal Assets Bureau
Jurisdiction
Ireland
Judgment Date
18 June 2009
Procedural Posture
Civil / Judgment After Consolidated Hearing of Applications for Well Charging Order and Discharge of Judgment Mortgage Registration
Outcome
application for well charging order refused
Legal Topics
Judgment Mortgages, Well Charging Orders, Beneficial Ownership, Burden of Proof, Trusts, Enforcement of Judgments
Property Law Civil Procedure Judgment Mortgages Well Charging Orders Beneficial Ownership Burden of Proof Trusts Enforcement of Judgments

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Parties

The Criminal Assets Bureau

Plaintiff

A. C.

Defendant

A. C. (Senior)

Notice Party

A. C. (Senior)

Plaintiff (in Consolidated Case)

The Criminal Assets Bureau

Defendant (in Consolidated Case)

Procedural Posture

Civil / Judgment After Consolidated Hearing of Applications for Well Charging Order and Discharge of Judgment Mortgage Registration

Legal Issues

  1. 1 Whether A. C., Jnr. had a legal or equitable interest in the property at Ballybough Road, Dublin
  2. 2 Whether the Criminal Assets Bureau was entitled to a well charging order over the property
  3. 3 Whether the registration of the judgment mortgage should be discharged

Ratio Decidendi

The Criminal Assets Bureau failed to adduce sufficient admissible evidence to establish that A. C., Jnr. had any legal or equitable interest or disposing power in the property at Ballybough Road. Mere intermingling of funds and suspicions were insufficient to prove beneficial ownership. The onus of proof was not discharged and the requirements for a well charging order were not met.

Court Disposition

application for well charging order refused

Orders

  • well charging order declined
  • no order for accounts or inquiries