Ulster Bank Ltd v Dace Properties Ltd [2017] NICh 10 (28 March 2017)

Ulster Bank Ltd v Dace Properties Ltd [2017] NICh 10 (28 March 2017)

No evidence of company authorisation for director representation; even if authorised, the defence advanced was legally unarguable and did not raise a serious issue to be tried; bank's claim for possession is unanswerable.

Citation
[2017] NICh 10
Parties
Plaintiff/respondent: Ulster Bank Limited; Defendant/appellant: Dace Properties Limited
Jurisdiction
Northern Ireland
Judgment Date
28 March 2017
Procedural Posture
Appeal / Appeal From Master's Possession Order
Outcome
appeal dismissed; possession order affirmed
Legal Topics
Corporate Representation, Possession Proceedings, All Monies Charge, Fair Trial Rights
Property Law Company Law Civil Procedure Corporate Representation Possession Proceedings All Monies Charge Fair Trial Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ulster Bank Limited

Plaintiff/respondent

Dace Properties Limited

Defendant/appellant

Procedural Posture

Appeal / Appeal From Master's Possession Order

Legal Issues

  1. 1 Whether a director can represent a company in court proceedings
  2. 2 Whether Dace Properties Limited has a valid defence to the bank's claim for possession
  3. 3 Whether the original possession order should be affirmed

Ratio Decidendi

No evidence of company authorisation for director representation; even if authorised, the defence advanced was legally unarguable and did not raise a serious issue to be tried; bank's claim for possession is unanswerable.

Court Disposition

appeal dismissed; possession order affirmed

Orders

  • Dace Properties Limited to deliver up possession of four properties to Ulster Bank Limited
  • Costs to follow the event; no stay granted