Holohan v Friends Provident and Century Life Office

JurisdictionIreland
CourtSupreme Court
Judgment Date15 December 1966
Docket Number(1963. No. 506 P.)
Date15 December 1966
(S.C.)
Holohan
and
Friends Provident and Century Life Office

Duty of mortgagee in exercising power - Price - Parties - Mortgagor's action to restrain completion of sale - Whether purchaser a necessary party - Conveyancing Act, 1881, s. 21 (2) - Conveyancing Act, 1911, s. 5 (1).

A life insurance company in the exercise of its powers of sale as legal mortgagee entered into a contract for the sale of certain property of which the plaintiff was mortgagor. In negotiating the sale and the purchase price to...

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39 cases
  • Ghazali bin Mat Noor v Southern Bank Bhd and other appeals
    • Malaysia
    • Supreme Court (Malaysia)
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  • Bargaintown Ltd v Dublin Corporation
    • Ireland
    • High Court
    • 28 June 1993
    ...MUNICIPAL CORPORATIONS (IRL) ACT 1840 S141 MUNICIPAL CORPORATIONS (IRL) ACT 1840 S139 HOLOHAN V FRIENDS PROVIDENT & CENTURY LIFE OFFICE 1966 IR 1 CAHILL V SHANNON 1980 IR 269 DUGGAN V AN TAOISEACH 1989 ILRM 710 SHEEHAN, STATE V GOVERNMENT OF IRELAND 1987 IR 550 1 Judgment of Mr. Justice ......
  • Moorview Developments Ltd and Others v First Active Plc and Others
    • Ireland
    • High Court
    • 6 March 2009
    ...IR 253; Forshall v Walsh (Unrep, Shanley J, 18/6/1997); Medforth v Blake [2000] Ch 86; Holohan v Friends Provident & Century Life Office [1966] IR 1; Downsview Nominees Ltd v First City Corp Ltd [1993] AC 295; Kinsella v Somers (Unrep, Budd J, 23/11/1999); Re B Johnson & Co (Builders) Ltd ......
  • Whelan v Promontoria (Finn) Ltd
    • Ireland
    • High Court
    • 12 December 2017
    ...that PFL cannot act in this manner. He also relies on the Supreme Court's judgment in Holohan v. Friends Provident & Century Life Office [1966] I.R. 1 as a statement that, if a mortgagee exercises their power of sale in a sufficiently unreasonable manner, an injunction will be warranted. A......
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