Collins -v- Cummins & anor [2015] IEHC 354 (10 June 2015)

Collins -v- Cummins & anor [2015] IEHC 354 (10 June 2015)

The default judgments were irregularly obtained because the receiver, having accepted the validity of the tenancy and acted as landlord, was not served as a party to the proceedings. As the proper defendant, the receiver was entitled to notice and service. The orders granting judgment and declarations in favour of the plaintiff are set aside.

Citation
[2015] IEHC 354
Parties
Plaintiff (2012 Proceedings), Defendant (2014 Proceedings): Paul Collins; Defendant (2012 Proceedings), Plaintiff (2014 Proceedings): Joan Cummins; Defendant (2012 Proceedings), Plaintiff (2014 Proceedings): Francis (Franny) Moore; Receiver, Plaintiff (2014 Proceedings): Neil Hughes
Jurisdiction
Ireland
Judgment Date
10 June 2015
Procedural Posture
High Court Civil Proceedings (plenary Summons, Motions) / Ruling on Motions to Set Aside Default Judgments and Related Interlocutory Relief
Outcome
Orders set aside; motions granted in favour of receiver; injunctive relief refused.
Legal Topics
Default Judgment, Service of Proceedings, Receiver's Rights and Obligations, Validity of Tenancy Agreements, Mortgagee Consent, Setting Aside Judgments, Notice to Quit, Residential Tenancies Act 2004
Property Law Landlord and Tenant Law Civil Procedure Default Judgment Service of Proceedings Receiver's Rights and Obligations Validity of Tenancy Agreements Mortgagee Consent +3 more

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Parties

Paul Collins

Plaintiff (2012 Proceedings), Defendant (2014 Proceedings)

Joan Cummins

Defendant (2012 Proceedings), Plaintiff (2014 Proceedings)

Francis (Franny) Moore

Defendant (2012 Proceedings), Plaintiff (2014 Proceedings)

Neil Hughes

Receiver, Plaintiff (2014 Proceedings)

Procedural Posture

High Court Civil Proceedings (plenary Summons, Motions) / Ruling on Motions to Set Aside Default Judgments and Related Interlocutory Relief

Legal Issues

  1. 1 Whether default judgments were regularly or irregularly obtained in absence of service on receiver
  2. 2 Whether the receiver was entitled to be served as a party to proceedings affecting the mortgaged property
  3. 3 Whether the lease was valid in absence of mortgagee consent

Ratio Decidendi

The default judgments were irregularly obtained because the receiver, having accepted the validity of the tenancy and acted as landlord, was not served as a party to the proceedings. As the proper defendant, the receiver was entitled to notice and service. The orders granting judgment and declarations in favour of the plaintiff are set aside.

Court Disposition

Orders set aside; motions granted in favour of receiver; injunctive relief refused.

Orders

  • Order deeming service good (9 December 2013) set aside.
  • Order granting judgment for €72,864.78 and costs (3 February 2014) set aside.