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High Court, in a related set of proceedings: (1) grants an order for summary judgment in favour of the plaintiff bank against the defendants jointly and severally in the sum of €2,026,640.09; (2) grants an order for judgment in favour of the plaintiff against the first defendant in the sum of €1,412,210.09; (3) dismisses a counterclaim by the defendants alleging negligence and failure on the part of the bank as there is no substance to the claim; (4) grants an order for judgment in favour of the plaintiff against the second defendant in the sum of €550,00; (5) grants a declaration that a receiver is not entitled to possession of one of the properties concerned without a Circuit Court order where it was unlawfully obtained; and (6) dismisses the plaintiff’s action against the first defendant.
Two actions which arise out of broadly the same set of circumstances concerning the alleged indebtedness of Mr. & Mrs. Hade with Bank of Ireland Mortgage bank in respect of two loans - issues surrounding the lawfulness of the actions taken by the receiver, who was appointed by the bank over twelve properties, which had been provided as security for the two loans summary judgment – summary proceedings – damages – alleged negligence by a bank – judgment granted in favour of the plaintiff against the defendants jointly and severally in the sum of €2,026,640.09.
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