Royal Bank of Ireland Ltd v Nolan
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1958 |
| Date | 01 January 1958 |
| Court | High Court |
Service on wife of defendant - Affidavit of service - Judgment by default - Application to have judgment set aside - Evidence of service - Affidavit by wife of defendant alleging no effective service -No affidavit by defendant - Rules of the Supreme Court (Ireland), 1905, Or. IX, rr. 2, 19, 22; Or. XII, r. 46; Or. LXXXIX.
On an application brought by the plaintiffs on an originating summary summons for a declaration that a liquidated sum amounting to £2,685 4s. 5d., was due to them by the defendant on foot of an equitable mortgage, an order for sale in default of payment was made on the non-appearance of the defendant. Service had been effected on the wife of the defendant in his absence and an application was brought, grounded on the affidavits of the defendant's wife and solicitor, to have the judgment set aside on the grounds of non-service. Held:1. The wife's affidavit did not state sufficiently clearly whether or not she was in...
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Grovit v Jan Jansen
...service, the defendant must satisfy the court that he did not have notice of the proceedings. These are: Royal Bank of Ireland v. Nolan (1958) 92 ILTR 60 and the more recent case of Danske Bank A/S t/a Dankse Bank v. John Meagher [2014] IESC 38. In the latter case, Laffoy J. said at para.......
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Pepper Finance Corporation (Ireland) DAC v Persons Unknown in Occupation of the Property known as 21 Little Mary Street, Dublin 7 & Pepper Finance Corporation (Ireland) DAC v Persons Unknown in Occupation of the Property known as 31 Richmond Avenue, Dublin 3
...related to the claim being made against them.” In a similar vein Dixon J. had previously stated in Royal Bank of Ireland v. Nolan (1958) 92 I.L.T.R. 60 that the fundamental objective of service “was to give the defendant notice and sufficient warning of the proceedings he might have to cont......
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Tom O'Brien and Hilary Larkin v Martin Meehan (Otherwise Martin J. Meehan)
...A/S v. Meagher [ [2014] IESC 38 per Laffoy J. at para. 48], adopted the dictum of Dixon J. in Royal Bank of Ireland Ltd. v. Nolan [ (1958) 92 I.L.T.R. 60], where he explained the importance of ensuring that service was regular as follows: ‘One could not overlook the fundamental purpose of s......
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Danske Bank A/S t/a Danske Bank v John Meagher
...1 ILRM 457 2004/21/4893 2004 IEHC 408 TISDALL v HUMPHREY 1867 1 IRCL 1 POOLE v STEWART 1903 37 ILTR 74 ROYAL BANK OF IRELAND LTD v NOLAN 1958 92 ILTR 60 DELANY & MCGRATH CIVIL PROCEDURE IN THE SUPERIOR COURTS 3ED 2012 PARA 3.23 RSC O.11 UWAYDAH v NOLAN & ORS UNREP BARRON 21.2.1997 1997/12/......