Doyle v Houston (Approved) (Rev 1) [2020] IECA 86 (07 April 2020)

Doyle v Houston (Approved) (Rev 1) [2020] IECA 86 (07 April 2020)

The High Court had jurisdiction to hear and determine the well charging proceedings as the judgment mortgages were created after 1 December 2009, and s.3 of the Land and Conveyancing Law Reform Act 2013 did not apply. The plaintiff had standing, the certificate of taxation was valid and admissible, and the registration of the judgment mortgages could not be challenged in these proceedings absent a court order to vacate the folio. There was no denial of fair procedures.

Citation
[2020] IECA 86
Parties
Plaintiff/respondent: Wendy Doyle; Defendant/appellant: Eugenie Houston
Jurisdiction
Ireland
Judgment Date
07 April 2020
Procedural Posture
Appeal / Judgment on Appeal From High Court Special Summons Proceedings
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Judgment Mortgages, Well Charging Order, Order for Sale, Jurisdiction, Taxation of Costs, Registration of Title
Property Law Civil Procedure Judgment Mortgages Well Charging Order Order for Sale Jurisdiction Taxation of Costs Registration of Title

Case Brief

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Parties

Wendy Doyle

Plaintiff/respondent

Eugenie Houston

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court Special Summons Proceedings

Legal Issues

  1. 1 Whether the High Court had jurisdiction to hear well charging proceedings regarding judgment mortgages on a principal private dwelling valued under €3 million
  2. 2 Whether the plaintiff had standing to bring the proceedings
  3. 3 Whether the certificate of taxation was valid and admissible

Ratio Decidendi

The High Court had jurisdiction to hear and determine the well charging proceedings as the judgment mortgages were created after 1 December 2009, and s.3 of the Land and Conveyancing Law Reform Act 2013 did not apply. The plaintiff had standing, the certificate of taxation was valid and admissible, and the registration of the judgment mortgages could not be challenged in these proceedings absent a court order to vacate the folio. There was no denial of fair procedures.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Affirmation of High Court order declaring sums well charged on the property
  • Order for sale of the premises in default of payment within three months