High Court grants a bank an application for a well charging order and the sale of lands owned by the husband and wife defendants, on the grounds that the bank was previously judged to recover the sum of €1,056,698.48 against the first named defendant, and the second named defendant had signed a guarantee to discharge the first named defendant's obligations.
Plaintiff seeks a well charging order and sale of lands which are jointly owned by the defendants - judgment was made by the Court in February 2017 that the plaintiff was entitled to recover the sum of €1,056,698.48 against the first named defendant - plaintiff seeks relief against the second named defendant on the basis of a guarantee to discharge the first defendant’s obligations to the plaintiff now in the amount of €751,000.00 dated 26th June, 2006 - plaintiff relies on an undertaking from July 2005 by solicitors given on behalf of both defendants - second named defendant has not attended Court though - affidavit was submitted by the first named defendant in May 2013 - Circuit Court order made which was later appealed by the first named defendant - these proceedings were merged - first named defendant issued proceedings against the Judge in the proceedings for which judgment was delivered on 15th February, 2017 - history of guarantee entered into - plaintiff entitled to relief claimed.