The High Court granted Allied Irish Banks plc judgment for €389,547.60 against Elizabeth Harsveld after finding that she had signed for the registered post containing the bank’s motion papers. The ruling concerns the adequacy of service in this case; the judge expressly left open whether the same method would suffice if another person had signed for the papers.
The bank’s summary summons, issued on 10 August 2021, alleged default in repaying two loans made in 2008 to Harsveld and Marius Harsveld. The loans, drawn down as €190,460 and €167,540, were mortgages over property at Corkaghmore, Templeboy, Sligo. The bank sought €389,547.60. The judge said the loan and account records provided sufficient information for the defendant to decide whether to admit or contest the claim.
Justice David Holland was satisfied that the summons had been served by registered post and that Harsveld had not entered an appearance. He reserved judgment on whether the later notice of motion and supporting affidavit seeking judgment in default of appearance had been adequately served.
The bank relied on signed delivery records for those papers. The judge accepted that the signature “Liz Marley” was Harsveld’s, citing evidence including a financial statement she had completed as “Elizabeth Marley Harsveld”. He also found she had been notified of the hearing on 23 May 2022. She was called at the hearing but did not appear.
The judgment considered authorities generally requiring personal service of a motion for judgment in default of appearance. Justice Holland reasoned that a 2017 amendment to the court rules had recognised registered post with proof of delivery as an adequate substitute for personal service of a summons. In the circumstances before him, where Harsveld herself signed for the motion papers, he found service sufficient and granted judgment in default of appearance. He awarded the bank its costs.
The court did not decide whether registered post signed for by someone other than the defendant would be enough. Its conclusion is limited to the service and evidence in this case.