HSBC Bank Plc v Mervyn Coulson & ors
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 18 December 2013 |
| Neutral Citation | [2013] NICh 16 |
| Court | Chancery Division (Northern Ireland) |
| Date | 18 December 2013 |
| Year | 2013 |
1
Neutral Citation No. [2013] NICh 16
Ref:
DEE(T)9126
Ex Tempore Judgment: approved by the Court for handing down
Delivered:
18/12/2013
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
CHANCERY DIVISION
________
HSBC BANK PLC
v
MERVYN COULSON & ORS
________
DEENY J
[1] The issue before the court today arises in the following way. On 7 April 2008,
HSBC Bank PLC and two receivers appointed by them, David McClean and
David Woolf of Moore Stephens, issued proceedings by way of originating
summons against Mervyn Richard Coulson. Under those proceedings they sought
payment of a debt secured by a mortgage and delivery by the defendant, Mr
Coulson, to the plaintiffs of the possession of the premises described in the second
schedule thereto.
[2] The second schedule hereto discloses that those premises were situated and
known as 22 Portaferry Road, Newtownards, County Down and the conveyances
therein described. These are not residential premises but were the business premises
of Merkel Ltd of which Mr Coulson, his wife and daughter were apparently
directors, with perhaps other people at other times. There is an affidavit in support
of that from a Laura Gillespie of L’Estrange & Brett, as that firm was then known. In
case I do not advert to it later in this ex tempore judgment, I want to criticise the far
to ready use of the word ‘fraud’ and indeed the word ‘fraudulent’ by the plaintiff
and his next friend. It is a tendency of some people to use language in that way. In
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