Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Purchaser of loans fails to establish conspiracy by defendants in respect of loan repayment
|
or click here to request site subscription to search and view all judgments |
High Court: (a) dismisses a claim by the purchaser of loans under an executed agreement that he had been intentionally misled as to the repayment of certain loans by another party, on the grounds that he had failed to establish that any of the defendants were guilty of misrepresentation or conspiracy against him; and (b) grants a counterclaim by the first named defendant in the sum of €19 million in respect of monies advanced to the plaintiff.
Sale of loans - sale by special liquidators of bank - loans secured on shareholdings - loan sale deed executed in 2014 - financing of purchase - purchaser unable to complete loan purchase - demand of repayment of loans - proceedings alleging conspiracy between defendants - alleged loss of opportunity to complete purchase - counterclaim in the sum of €19 million - application for injunctive relief - shareholding in company controlling hospital (Blackrock Hospital Ltd) - shares of parties in company - sale by insurer (BUPA) of shares in company - funding of share purchase by bank (Anglo Irish Bank PLC) - deed of covenant - 2006 shareholders' agreement - loans held by special liquidators of bank (IBRC - formerly Anglo Irish Bank) put up for sale - bid by plaintiff through other company - bid accepted - details of meetings and communications - execution of deed - whether plaintiff aware of redemption of loans of other shareholder - whether binding agreement in place prohibiting repayment of loan - role of defendant company in relation to the repayment of the loans - providing of funds for repayment - whether any valid claim against company operating hospital - plaintiff acting in person - allegations of 'theft, fraud and concealment' - failure to provide particular of alleged fraud - failure to plead fraud - alleged breach of contract - failure to provide particulars - alleged inducement to breach contract - alleged misrepresentation - tortious conspiracy.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
