Courts / Dublin / Report

Bank not entitled to summary judgement against well-known doctor, court rules

Summary

In a 2016 High Court decision, Mr Justice Max Barrett ruled that AIB Mortgage Bank could not obtain summary judgment against Dr Samuel Van Eeden and his wife Zelda over the balance of a €1.65 million loan. The bank had sought summary judgment after the couple allegedly failed to repay a loan used to purchase a property in Malahide in 2007, which was secured by a mortgage. AIB claimed the couple defaulted in August 2008, and after the bank obtained possession in 2010 and sold the property for €305 k in 2012, it issued a summary summons in May 2015 for the remaining balance. The Van Eedens argued the matter should be heard in full, citing a six‑year limitation period that had expired in 2014 and a structural defect that reduced the property's value by 83 %.

Who, what, where, when and why

What: Report matter: Bank not entitled to summary judgement against well-known doctor, court rules. Procedural stage: charge_or_pretrial

When:

• August 2008 Incident
• May 2015 Hearing Or Sentence
• 2007 and 2012 Other
• 2016-04-08 Publication

Why: They further argued the case should go to a full hearing because of a structural deficiency on the Malahide property which led to a slide in its value and AIB did not get a better price for the house, which saw a 83per cent drop in value between 2007 and 2012. CNI source report

Places mentioned

Topics

Stage Charge Or Pretrial

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Read the original CNI report