Bank of Ireland v O'Keeffe

• Jurisdiction: Ireland
• Judge: Mr. Justice Barron
• Judgment Date: 01 January 1987
• Neutral Citation: 1986 WJSC-HC 28
• Docket Number: RECORD NO. 269/1985,[1985 No. 269]
• Court: High Court
• Date: 01 January 1987

BANK OF IRELAND v. O' KEEFFE

THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND

-V-

KATHLEEN O'KEEFFE

1986 WJSC-HC 28

RECORD NO. 269/1985

THE HIGH COURT

Synopsis:

ACTION

Cause

Creation - Guarantee - Demand - Demand for payment made by plaintiffs against estate of deceased guarantor - Cause of action arising after death of guarantor - Two-year limitation period under s.9(2)(b) of Act of 1961 not applicable - Civil Liability Act, 1961, ss.8, 9 - ~See~ Limitation of Actions, cause of action - (1985/269 - Barron J. - 3/12/86) [1987] IR 47

|Bank of Ireland v. O'Keeffe|

CONTRACT

Guarantee

Cause of action - Creation - Demand - Demand for payment made by plaintiffs against estate of deceased guarantor - Cause of action arising after death of guarantor - Two-year limitation period under s.9(2)(b) of Act of 1961 not applicable - Civil Liability Act, 1961, ss.8, 9 - ~See~ Limitation of Actions, cause of action - (1985/269 - Barron J. - 3/12/86) [1987] IR 47

|Bank of Ireland v. O'Keeffe|

LIMITATION OF ACTIONS

Cause of action

Creation - Guarantee - Demand - Demand made by plaintiffs after death of guarantor on 11/2/82 - Guarantor contracted with the plaintiffs that, on demand made by the plaintiffs, the guarantor or his estate would pay to the plaintiffs, on default made by a third party, whatever sum was then payable by the third party to the plaintiffs - After the death of the guarantor the plaintiffs demanded from the estate of the guarantor payment of the sum of #58,306 on foot of the guarantee - Having failed to receive payment, the plaintiffs in the year 1985 issued a summons in which they claimed payment of that sum, with interest, from the defendant, who was the personal representative of the guarantor - Section 9(2) of the Act of 1961 states that no proceedings shall be maintainable in respect of any cause of action "which has survived against the estate of a deceased person" unless either (a) the proceedings were commenced within the relevant limitation period and were pending at the date of the death of the deceased or (b) proceedings were commenced within the relevant limitation period or within "the period of two years after his death" whichever period first expires - The defendant pleaded that the plaintiffs" cause of action was statute barred by reason of the lapse of two years after the death of the guarantor and before the issue of the plaintiffs" summons - Held, in giving judgment for the plaintiffs, that the plaintiffs" cause of action was created when they demanded payment from the estate of the guarantor pursuant to the contract of guarantee - Held, accordingly, that the plaintiffs" cause of action was not one which had survived against the estate of the guarantor so as to make the provisions of s.9(2)(b) of the Act of 1961 applicable - Civil Liability Act, 1961, ss.8, 9 - (1985/269 - Barron J. - 3/12/86) [1987] IR 47

|Bank of Ireland v. O'Keeffe|

Citations:

BROWN V BROWN 1893 2 CH 300

CIVIL LIABILITY ACT 1961 S8(1)

CIVIL LIABILITY ACT 1961 S8(2)

CIVIL LIABILITY ACT 1961 S9(1)

CIVIL LIABILITY ACT 1961 S9(2)

CIVIL LIABILITY ACT 1961 S9(2)(b)

1 Judgment of Mr. Justice Barron delivered on the 3RD day of December 1986.

2 This is a claim against the Defendant as the personal representative of the estate of her late husband Michael O'Keeffe who died on the 11th February 1982. On the 18th November 1980 he and two others entered into a continuing guarantee with the Plaintiff whereby they jointly and...