Start Mortgages Designated Activity Company v McDaid [Otherwise McCroary) (Approved) [2025] IEHC 634 (21 November 2025)

Start Mortgages Designated Activity Company v McDaid [Otherwise McCroary) (Approved) [2025] IEHC 634 (21 November 2025)

Mars proved on the balance of probabilities that it succeeded to Start's interest in the defendants' loans and mortgage, and the Statute of Limitations does not bar the application for leave to issue execution; procedural steps to enforce a judgment are not 'actions' under section 11(6)(a).

Citation
[2025] IEHC 634
Parties
Original Plaintiff: Start Mortgages Designated Activity Company; Applicant/substituted Plaintiff: Mars Capital Finance Ireland Designated Activity Company; Defendant: Aaron McDaid; Defendant: Majella McDaid (otherwise known as Majella McCroary)
Jurisdiction
Ireland
Judgment Date
21 November 2025
Procedural Posture
Application for Substitution and Leave to Execute / Post Judgment, Procedural Motion
Outcome
Application granted
Legal Topics
Substitution of Parties, Execution of Judgment, Statute of Limitations, Mortgage Enforcement
Civil Procedure Property Law Company Law Substitution of Parties Execution of Judgment Statute of Limitations Mortgage Enforcement

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Parties

Start Mortgages Designated Activity Company

Original Plaintiff

Mars Capital Finance Ireland Designated Activity Company

Applicant/substituted Plaintiff

Aaron McDaid

Defendant

Majella McDaid (otherwise known as Majella McCroary)

Defendant

Procedural Posture

Application for Substitution and Leave to Execute / Post Judgment, Procedural Motion

Legal Issues

  1. 1 Whether Mars Capital Finance Ireland DAC should be substituted as plaintiff for Start Mortgages DAC
  2. 2 Whether Mars is entitled to leave to issue execution on foot of an order for possession
  3. 3 Whether the Statute of Limitations bars the application for leave to execute

Ratio Decidendi

Mars proved on the balance of probabilities that it succeeded to Start's interest in the defendants' loans and mortgage, and the Statute of Limitations does not bar the application for leave to issue execution; procedural steps to enforce a judgment are not 'actions' under section 11(6)(a).

Court Disposition

Application granted

Orders

  • Mars Capital Finance Ireland DAC substituted as plaintiff pursuant to Order 17, rule 4 of the Rules of the Superior Courts
  • Mars granted leave to issue execution of the Order for Possession made on 5 March 2012