Tanager DAC & Anor v Doyle & Anor (Approved) [2025] IEHC 275 (13 May 2025)

Tanager DAC & Anor v Doyle & Anor (Approved) [2025] IEHC 275 (13 May 2025)

Discovery is not available in summary proceedings or in advance of an appeal hearing where the appeal is to be determined on the evidence adduced before the Circuit Court and no leave to adduce new evidence has been sought or granted. The appellants' application for discovery is premature and must be refused; if the matter is remitted to plenary hearing, discovery may be sought then.

Citation
[2025] IEHC 275
Parties
Plaintiff/respondent: Tanager DAC; Plaintiff/respondent: Pepper Finance Corporation (Ireland) DAC; Defendant/appellant: Kieran Doyle; Defendant/appellant: Elizabeth Doyle
Jurisdiction
Ireland
Judgment Date
13 May 2025
Procedural Posture
Civil Appeal / Interlocutory Application for Discovery Pending Appeal
Outcome
application for discovery refused
Legal Topics
Discovery, Appeals, Mortgage Possession, Summary Proceedings, Plenary Hearing
Civil Procedure Property Law Banking Law Discovery Appeals Mortgage Possession Summary Proceedings Plenary Hearing

Case Brief

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Parties

Tanager DAC

Plaintiff/respondent

Pepper Finance Corporation (Ireland) DAC

Plaintiff/respondent

Kieran Doyle

Defendant/appellant

Elizabeth Doyle

Defendant/appellant

Procedural Posture

Civil Appeal / Interlocutory Application for Discovery Pending Appeal

Legal Issues

  1. 1 Whether discovery should be ordered in advance of the hearing of an appeal against a summary possession order
  2. 2 Whether discovery is available in summary proceedings prior to remittal to plenary hearing

Ratio Decidendi

Discovery is not available in summary proceedings or in advance of an appeal hearing where the appeal is to be determined on the evidence adduced before the Circuit Court and no leave to adduce new evidence has been sought or granted. The appellants' application for discovery is premature and must be refused; if the matter is remitted to plenary hearing, discovery may be sought then.

Court Disposition

application for discovery refused

Orders

  • Application for discovery dismissed.
  • Matter listed for mention to address costs and transfer substantive appeal back into Non-Jury list.