Ulster Bank Ltd v Jan [2019] NICh 7 (17 May 2019)

Ulster Bank Ltd v Jan [2019] NICh 7 (17 May 2019)

The Bank was entitled to possession as it held equitable mortgages over both properties, the appellant was indebted, the facilities were repayable on demand, and the appellant defaulted. Disputes as to the precise quantum did not preclude possession, and the offer to purchase was insufficient. No grounds existed to stay or suspend the order.

Citation
[2019] NICh 7
Parties
Plaintiff/respondent: Ulster Bank Ltd; Defendant/appellant: Her Juing Jan
Jurisdiction
Northern Ireland
Judgment Date
17 May 2019
Procedural Posture
Appeal / Judgment on Appeal Against Order for Possession and Charging of Property
Outcome
Appeal dismissed
Legal Topics
Equitable Mortgage, Order for Possession, Bank's Standing, Calculation of Debt, Stay of Possession Order
Property Law Banking Law Civil Procedure Equitable Mortgage Order for Possession Bank's Standing Calculation of Debt Stay of Possession Order

Case Brief

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Parties

Ulster Bank Ltd

Plaintiff/respondent

Her Juing Jan

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Order for Possession and Charging of Property

Legal Issues

  1. 1 Whether the Bank was entitled to an order for possession based on equitable mortgages
  2. 2 Whether the quantum of debt was correctly calculated
  3. 3 Whether the Bank had standing to bring the action

Ratio Decidendi

The Bank was entitled to possession as it held equitable mortgages over both properties, the appellant was indebted, the facilities were repayable on demand, and the appellant defaulted. Disputes as to the precise quantum did not preclude possession, and the offer to purchase was insufficient. No grounds existed to stay or suspend the order.

Court Disposition

Appeal dismissed

Orders

  • Refusal to stay or suspend the possession order
  • Possession order stands as per Master's decision