Neutral Citation No:  NICh 23
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
"UPON THE APPLICATION of the plaintiff by originating summons filed on 6 December 2006
AND Donna Quinn and Ciaran Quinn having been sent notice as occupiers,
AND UPON HEARING the solicitor for the Plaintiff, the defendants not appearing and not being represented,
IT IS ORDERED that each of the defendants do within 28 days after service by prepaid ordinary post upon the First Defendant and by personal service upon Second Defendant of this Order, deliver to the Plaintiff possession of the property described in the schedule.
BUT this Order is suspended and is not to be enforced without the leave of the court while the defendants pay to the Plaintiff equal sums of £1,600 on or before the last day of every calendar month in respect of both the normal monthly instalments becoming payable under the mortgage dated 16 March 2006 and the arrears thereof now due, the first such payment to be made on or before 30 June 2007.
The premises situate at and known as 196 Bush Road, Dungannon, County Tyrone BT71 6EZ."
History of Proceedings
"(a) That the order for possession made on 18 June 2007 be set aside.
(b) An order setting aside a mortgage created between the plaintiff and the first and second defendants.
(c) Delivery up of the said mortgage for cancellation…."
"(1) The defendant shall make any amendment to his skeleton argument on or before 15 June 2018,
(2) This case shall be listed for hearing on 28 June 2018 at 10.30 am."
Hearing on 28 June 2018
(a) A Memorandum of Trust. The Memorandum of Trust states that the "Tut-Tut Private Trust 14018jc" has been created voluntarily and in writing by the settlors (the defendants). The trustees of the trust are named directors of the bank and the document declares that they are "accountable to manage, employ or dispose of the equitable asset in accordance with the terms of the trust and the special duties imposed upon them by the law of the settlors". It further sets out that in the event of breach of the trust by the trustees the settlors appoint "Eamonn; doing business as (dba) MR EAMONN SCULLION …as a special trustee to compel specific performance of the delinquent trustees." The document further states that as the trust complies with the 3 rules of certainty it is a valid trust. The document is then signed by the defendants. It is not signed by anyone on behalf of the bank.
(b) A NOI (Notice of Interest). This document was signed by both defendants as settlors and dated 16 May 2018. In it the settlors declared that all interest in the "debt title 06/111558…are withdrawn and further provided that "all rights, titles, interest and possession to the property with title to the equitable asset, with special title:180514jc….and is reserved in the private for specific confidential purposes only."
(c) A SOI (Statement of Interest). This document purports to assign trust property title number 180514jc to the trustees in the "Tut-Tut Private Trust 140518jc. This document was signed by each defendant on 16 May 2018.
(d) A Deed of Trust dated 16 May 2018. In this document the defendants purport to assign the Tut-Tut private trust 140518jc, "for the special specific purpose of the trust as set out in the private express trust declaration".