HSBC Bank PLC v Robinson (Ivan) and Robinson (Louise)
| Jurisdiction | Northern Ireland |
| Judge | Stephens LJ |
| Neutral Citation | [2017] NICA 64 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 24 October 2017 |
1
Neutral Citation: [2017] NICA 64 Ref:
STE10419
Judgment: approved by the Court for handing down Delivered:
24/10/2017
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
HSBC BANK PLC
Plaintiff/Appellant:
and
IVAN ROBINSON
First Defendant:
and LOUISE ROBINSON
Second Defendant/Respondent:
________
Before: GILLEN LJ and STEPHENS LJ
________
STEPHENS LJ (giving the judgment of the Court)
Introduction
[1] On 18 November 2011 the HSBC Bank plc (“the appellant”) issued an
originating summons against Ivan Robinson (“the defendant”) seeking possession of
approximately 100 acres of agricultural land the title to which is registered. The
possession proceedings were brought on foot of a mortgage dated 18 June 2008
entered into by the defendant to secure his indebtedness to the appellant on four
bank accounts. On 21 December 2011 the appellant obtained an order for possession
but there were various stays on the execution of that order until 25 January 2015
when it was agreed that the stays were to be removed after a further twelve weeks.
By a summons issued on 17 October 2016 the defendant’s daughter, Louise Robinson
(“the respondent”) applied to the Master to be joined as a second defendant to the
possession proceedings and for an order staying execution of the order for
possession on the basis that she had an interest in the agricultural lands by virtue of
a proprietary estoppel which interest was an overriding interest as she was in actual
occupation of the agricultural lands on 18 June 2008. Master Hardstaff refused both
applications but on appeal and by order dated 21 March 2017 Madam Justice
McBride added the respondent as a second defendant to the possession proceedings
and granted a stay of the order for possession on condition that the respondent
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