Mallon v Mallon [2016] NICA 28 (29 June 2016)

Mallon v Mallon [2016] NICA 28 (29 June 2016)

The court held that DM was not an agent of the lender with authority to bind it in relation to the mortgage transactions. The evidence showed DM acted as an intermediary, not as an agent, and the mortgage documents made this clear. As the agency argument failed, the court did not need to consider the illegality defence. The appeal was dismissed and the order for possession and judgment for monies due was affirmed.

Citation
[2016] NICA 28
Parties
Plaintiff/respondent: Bank of Scotland PLC; First Defendant/appellant: Charles Christopher Mallon by Liam J Mallon his appointed attorney; Second Defendant/appellant: Liam J Mallon
Jurisdiction
Northern Ireland
Judgment Date
29 June 2016
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed; order of possession and judgment for monies due affirmed.
Legal Topics
Mortgage Fraud, Agency, Illegality Defence, Possession Proceedings
Property Law Contract Law Banking Law Mortgage Fraud Agency Illegality Defence Possession Proceedings

Case Brief

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Parties

Bank of Scotland PLC

Plaintiff/respondent

Charles Christopher Mallon by Liam J Mallon his appointed attorney

First Defendant/appellant

Liam J Mallon

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Damien Mallon (DM) was an agent of the lender with authority to bind the lender
  2. 2 Whether the defence of illegality (ex turpi causa) precludes the lender from recovering possession and monies due

Ratio Decidendi

The court held that DM was not an agent of the lender with authority to bind it in relation to the mortgage transactions. The evidence showed DM acted as an intermediary, not as an agent, and the mortgage documents made this clear. As the agency argument failed, the court did not need to consider the illegality defence. The appeal was dismissed and the order for possession and judgment for monies due was affirmed.

Court Disposition

Appeal dismissed; order of possession and judgment for monies due affirmed.

Orders

  • Possession of the property to be delivered up to the plaintiff.
  • Judgment for all sums due on foot of the mortgage by way of principal and interest against Liam J Mallon alone.