Carlisle Mortgages v Sinnott (Approved) [2021] IEHC 288 (20 May 2021)

Carlisle Mortgages v Sinnott (Approved) [2021] IEHC 288 (20 May 2021)

The lender provided a sufficient explanation for the delay in execution, as the delay was due to factors outside its control, including pandemic-related restrictions and procedural requirements. No prejudice was caused to the borrower by the delay, and the interests of justice are served by granting leave to execute...

Source-derived case information.

Citation
[2021] IEHC 288
Parties
Plaintiff: Carlisle Mortgages; Defendant: John Sinnott
Jurisdiction
Ireland
Judgment Date
20 May 2021
Procedural Posture
Mortgage Possession Proceedings / Application for Extension of Time to Execute Order of Possession
Outcome
leave to execute granted
Legal Topics
Extension of Time for Execution, Order of Possession, Mortgage Enforcement, Discretionary Relief, Prejudice to Debtor
Civil Procedure Property Law Enforcement of Judgments Extension of Time for Execution Order of Possession Mortgage Enforcement Discretionary Relief Prejudice to Debtor

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Parties

Carlisle Mortgages

Plaintiff

John Sinnott

Defendant

Procedural Posture

Mortgage Possession Proceedings / Application for Extension of Time to Execute Order of Possession

Legal Issues

  1. 1 Whether the plaintiff is entitled to a further extension of time to execute an order of possession under Order 42, rule 24 of the Rules of the Superior Courts
  2. 2 Whether there is sufficient explanation for the delay in execution
  3. 3 Whether granting leave to execute would cause prejudice to the defendant

Ratio Decidendi

The lender provided a sufficient explanation for the delay in execution, as the delay was due to factors outside its control, including pandemic-related restrictions and procedural requirements. No prejudice was caused to the borrower by the delay, and the interests of justice are served by granting leave to execute with a short stay.

Court Disposition

leave to execute granted

Orders

  • Order for leave to execute pursuant to Order 42, rule 24 granted
  • Stay of two months placed on the order