Seniors Money Mortgages (Ireland) DAC v Gately [2020] IESC 3 (04 February 2020)

Seniors Money Mortgages (Ireland) DAC v Gately [2020] IESC 3 (04 February 2020)

No arguable ground for appeal exists as the perfected High Court order was not made under mistaken jurisdiction; even if arguable, significant delay and absence of bona fide intention or mistake preclude extension of time. Technical errors not causing injustice do not warrant extension after inordinate delay.

Citation
[2020] IESC 3
Parties
Plaintiff/respondent: Seniors Money Mortgages (Ireland) DAC; Defendant: Derek Gately; Notice Party/appellant: Jacqueline McGovern
Jurisdiction
Ireland
Judgment Date
04 February 2020
Procedural Posture
Civil Appeal / Supreme Court Appeal From Court of Appeal Refusal to Extend Time for Appeal
Outcome
appeal dismissed
Legal Topics
Extension of Time to Appeal, Statute of Limitations, Jurisdiction, Mortgage Possession, Registered Vs Unregistered Land
Civil Procedure Property Law Mortgage Law Extension of Time to Appeal Statute of Limitations Jurisdiction Mortgage Possession Registered Vs Unregistered Land

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Parties

Seniors Money Mortgages (Ireland) DAC

Plaintiff/respondent

Derek Gately

Defendant

Jacqueline McGovern

Notice Party/appellant

Procedural Posture

Civil Appeal / Supreme Court Appeal From Court of Appeal Refusal to Extend Time for Appeal

Legal Issues

  1. 1 Whether the Supreme Court should extend time for appeal when only arguable grounds exist but no bona fide intention to appeal or mistake is shown
  2. 2 Whether the High Court had jurisdiction to grant possession order on unregistered land
  3. 3 Whether the claim was statute-barred under the Civil Liability Act 1961

Ratio Decidendi

No arguable ground for appeal exists as the perfected High Court order was not made under mistaken jurisdiction; even if arguable, significant delay and absence of bona fide intention or mistake preclude extension of time. Technical errors not causing injustice do not warrant extension after inordinate delay.

Court Disposition

appeal dismissed

Orders

  • No extension of time granted for appeal
  • Order for possession stands