Wallace v Malone & Ors [2017] NIMaster 8 (12 October 2017)

Wallace v Malone & Ors [2017] NIMaster 8 (12 October 2017)

Mrs Malone has a beneficial interest in the Home based on credible evidence of mutual intention and substantial direct financial contribution; the Home is a low value home under Article 286A, and after proper valuation and deductions, there is no equity, warranting dismissal of the Trustee's application.

Source-derived case information.

Citation
[2007] UKHL 17
Parties
Applicant: Orla Wallace; Respondent: Eamon Malone; Respondent: Catherine Malone; Respondent: Eimear Malone; Respondent: Eadaoin Malone
Jurisdiction
Northern Ireland
Judgment Date
12 October 2017
Procedural Posture
Bankruptcy Application / Final Judgment
Outcome
application dismissed
Legal Topics
Beneficial Interest, Joint Ownership, Forced Sale, Valuation Adjustment, Low Value Home
Insolvency Property Law Beneficial Interest Joint Ownership Forced Sale Valuation Adjustment Low Value Home

Source-derived case record

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Parties

Orla Wallace

Applicant

Eamon Malone

Respondent

Catherine Malone

Respondent

Eimear Malone

Respondent

Eadaoin Malone

Respondent

Procedural Posture

Bankruptcy Application / Final Judgment

Legal Issues

  1. 1 Whether Mrs Malone has a beneficial interest in the Home and its extent
  2. 2 Whether the Home qualifies as a low value home under Article 286A of the Insolvency (Northern Ireland) Order 1989
  3. 3 Appropriate valuation and equity calculation for forced sale

Ratio Decidendi

Mrs Malone has a beneficial interest in the Home based on credible evidence of mutual intention and substantial direct financial contribution; the Home is a low value home under Article 286A, and after proper valuation and deductions, there is no equity, warranting dismissal of the Trustee's application.

Court Disposition

application dismissed

Orders

  • Trustee's application for leave to evict is dismissed