Pepper Finance Corporation (Ireland) Designated Activity Company trading as Papper Assest Servicing v Cuffe (Approved) [2025] IEHC 393 (10 July 2025)

Pepper Finance Corporation (Ireland) Designated Activity Company trading as Papper Assest Servicing v Cuffe (Approved) [2025] IEHC 393 (10 July 2025)

The Plaintiff, as registered owner of the charge, is entitled to summary possession under s.62(7) Registration of Title Act 1964. Registration is conclusive proof of ownership and entitlement. The Defendant has not demonstrated a credible defence or grounds for adjournment. Affidavit evidence establishes default, and objections to admissibility of statements of account are not meritorious in possession proceedings.

Citation
[2025] IEHC 393
Parties
Plaintiff/respondent: Pepper Finance Corporation (Ireland) Designated Activity Company trading as Papper Asset Servicing; Defendant/appellant: Jonathan Cuffe
Jurisdiction
Ireland
Judgment Date
10 July 2025
Procedural Posture
Appeal Against Circuit Court Order for Possession / De Novo Hearing Before High Court
Outcome
Appeal dismissed; Order for Possession affirmed
Legal Topics
Mortgage Possession, Summary Judgment, Registered Charges, Admissibility of Evidence, Rectification of Register
Property Law Banking Law Civil Procedure Mortgage Possession Summary Judgment Registered Charges Admissibility of Evidence Rectification of Register

Case Brief

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Parties

Pepper Finance Corporation (Ireland) Designated Activity Company trading as Papper Asset Servicing

Plaintiff/respondent

Jonathan Cuffe

Defendant/appellant

Procedural Posture

Appeal Against Circuit Court Order for Possession / De Novo Hearing Before High Court

Legal Issues

  1. 1 Whether the Plaintiff holds a legal mortgage entitling it to summary possession
  2. 2 Whether the Plaintiff's proofs of default are admissible and sufficient
  3. 3 Whether the Defendant has an arguable defence to summary possession

Ratio Decidendi

The Plaintiff, as registered owner of the charge, is entitled to summary possession under s.62(7) Registration of Title Act 1964. Registration is conclusive proof of ownership and entitlement. The Defendant has not demonstrated a credible defence or grounds for adjournment. Affidavit evidence establishes default, and objections to admissibility of statements of account are not meritorious in possession proceedings.

Court Disposition

Appeal dismissed; Order for Possession affirmed

Orders

  • Order for Possession granted to Plaintiff
  • Three month stay of execution upheld