Start Mortgages Designated Activity Company v Sullivan & Anor (Approved) [2025] IEHC 681 (28 November 2025)

Start Mortgages Designated Activity Company v Sullivan & Anor (Approved) [2025] IEHC 681 (28 November 2025)

The High Court has no jurisdiction to set aside or revisit a final and executed possession order of the Circuit Court where the defendants did not appeal or seek an extension of time to appeal. Execution of the order renders it spent, and any subsequent applications constitute an impermissible collateral attack. The defendants' arguments regarding jurisdiction, locus standi, and alleged statutory or constitutional breaches should have been raised in the original proceedings or on appeal, not in post-execution motions. No exceptional circumstances or new evidence justify reopening the matter.

Citation
[2025] IEHC 681
Parties
Plaintiff/respondent: Start Mortgages Designated Activity Company; Defendant/appellant: Paul Sullivan; Defendant/appellant: Catherine Sullivan
Jurisdiction
Ireland
Judgment Date
28 November 2025
Procedural Posture
Civil Appeal / High Court Appeal From Circuit Court Orders (post Possession, Post Execution)
Outcome
Appeal dismissed; all applications refused.
Legal Topics
Mortgage Possession, Jurisdiction of Circuit Court, Setting Aside Final Orders, Collateral Attack on Judgments, Credit Servicing and Locus Standi, Trespass Post Possession, Admission of New Evidence on Appeal
Property Law Civil Procedure Banking Law Mortgage Possession Jurisdiction of Circuit Court Setting Aside Final Orders Collateral Attack on Judgments Credit Servicing and Locus Standi +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Start Mortgages Designated Activity Company

Plaintiff/respondent

Paul Sullivan

Defendant/appellant

Catherine Sullivan

Defendant/appellant

Procedural Posture

Civil Appeal / High Court Appeal From Circuit Court Orders (post Possession, Post Execution)

Legal Issues

  1. 1 Whether the High Court has jurisdiction to set aside a final and executed possession order of the Circuit Court
  2. 2 Whether the defendants are entitled to adduce new evidence on appeal
  3. 3 Whether the Circuit Court had jurisdiction to grant the possession order

Ratio Decidendi

The High Court has no jurisdiction to set aside or revisit a final and executed possession order of the Circuit Court where the defendants did not appeal or seek an extension of time to appeal. Execution of the order renders it spent, and any subsequent applications constitute an impermissible collateral attack. The defendants' arguments regarding jurisdiction, locus standi, and alleged statutory or constitutional breaches should have been raised in the original proceedings or on appeal, not in post-execution motions. No exceptional circumstances or new evidence justify reopening the matter.

Court Disposition

Appeal dismissed; all applications refused.

Orders

  • Defendants' motion to set aside/vacate possession and related orders dismissed with costs to the plaintiff.
  • Application to adduce new evidence refused.