Power v Conroy

• Jurisdiction: Ireland
• Judge: Mr. Justice McWilliam.
• Judgment Date: 22 February 1980
• Neutral Citation: 1980 WJSC-HC 1685
• Court: High Court
• Date: 22 February 1980

1980 WJSC-HC 1685

THE HIGH COURT

No. 1484P/1978

POWER, CATHERINE v. CONROY, SEAN P

CATHERINE POWER

v.

SEAN P. CONROY

1 Judgment delivered the 22nd day of February, 1980 by Mr. Justice McWilliam.

2 The Defendant is and was at all relevant dates a married man with five children. The Plaintiff was at all material dates a spinster. In November, 1971 the Plaintiff and the Defendant formed an association and lived together from August, 1972, until November, 1977. For the first three and a half years the parties lived in rented accomodation in various parts of Dublin. During the greater part of this time the Plaintiff was in employment. In October, 1975, a child was born to them.

3 In the summer of 1975 they had decided to purchase a house and No., Road, was purchased in February, 1976, for the sum of £10,760. The conveyance was taken in the name of the Defendant. The parties separated in 1977 and the Plaintiff now claims to be entitled to a share in the house on the basis that she contributed substantially towards its purchase in one way or another.

4 Before the birth of her child the Plaintiff gave up her employment but she received £12 per week from social security benefits. She had at all times an income of about £17 per week from lettings of a house in Tramore to which she returned to live when the parties separated.

5 The Defendant has not been represented on this hearing and has been put to some disadvantage because the Plaintiff took his papers with her when they separated and she went to live in Tramore.

6 At the time of the purchase the Plaintiff had some capital and contributed £1000 by way of deposit on the house. She later contributed a further sum of £1000 to pay the builders who were pressing for money. She also paid a sum of £750 to a building society for the purpose of obtaining a loan but there is a conflict of evidence as to whether this was withdrawn and repaid to her in various sums from time to time. The Defendant obtained a loan of 90% of the purchase price from the building society which he took up in full, and this left him with a balance of £1000 which was spent on furnishings, etc. Such repayments as were made were made by the Defendant. These appear to have amounted to about £1700 in all but there are considerable arrears now due, approximately £3,350.

7 The Defendant in his defence has alleged that the sum of £2000 paid by the Plaintiff was paid by way of loan, but...