Court of Appeal dismisses appeal and upholds decision of the High Court refusing an application for a declaration for the annulment of the burdens registered on a folio together with relevant consequential orders, on the grounds that: (a) there was no probative evidence before the High Court from which the judge could properly draw the inference that respondent bank had ever had an established place of business within this State on the relevant date and, consequently, was not obliged to register on the external Register of Companies; (b) and there was no legitimate basis for contending that the place of address furnished, which was located in Dublin, amounted to an “established place of business within the State; and (c) there was no basis for an allegation of a lack of fair procedures being afforded to the appellant.
Whelan J (nem diss): Application for a declaration for the annulment of the burdens registered on a folio with relevant consequential orders - section 19(1) of the Registration of Title Act, 1964 - cross-border merger of the first named respondent - EU Directive 2005/56 - whether the first named respondent was obliged to register on the external Register of Companies - what obligations were operative and imposed upon the respondent for the purposes of meeting the obligations to be found in Regulation 19(2) of S.I. 157/2008 - whether there was a breach of fair procedures - Court concluded that the grounds of appeal were without foundation in law or on the evidence and were based on a misunderstanding of the operative legal principles and statutory provisions engaged - appeal dismissed.