EBS Ltd -v- Gillespie [2012] IEHC 243 (21 June 2012)

EBS Ltd -v- Gillespie [2012] IEHC 243 (21 June 2012)

The plaintiff's right to possession under s. 62(7) of the Registration of Title Act 1964 accrued prior to its repeal, as the defendant defaulted and the Charge terms allowed immediate enforcement without the need for a prior demand. By virtue of the Interpretation Act 2005, the court retains jurisdiction to grant possession. Subsequent arrangements did not waive the plaintiff's accrued rights.

Citation
[2012] IEHC 243
Parties
Plaintiff: EBS Limited; Defendant: Eamonn Gillespie
Jurisdiction
Ireland
Judgment Date
21 June 2012
Procedural Posture
Special Summons / Judgment
Outcome
Order for possession granted, subject to filing corrective affidavits and supplemental evidence.
Legal Topics
Mortgage Enforcement, Statutory Interpretation, Possession Proceedings, Effect of Statutory Repeal, All Sums Charge
Property Law Banking Law Mortgage Law Mortgage Enforcement Statutory Interpretation Possession Proceedings Effect of Statutory Repeal All Sums Charge

Case Brief

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Parties

EBS Limited

Plaintiff

Eamonn Gillespie

Defendant

Procedural Posture

Special Summons / Judgment

Legal Issues

  1. 1 Whether EBS Limited is entitled to an order for possession under s. 62(7) of the Registration of Title Act 1964 despite its repeal by the Land and Conveyancing Law Reform Act 2009
  2. 2 Whether the demand for repayment was valid and unconditional
  3. 3 Whether subsequent arrangements between the parties affected the plaintiff's right to possession

Ratio Decidendi

The plaintiff's right to possession under s. 62(7) of the Registration of Title Act 1964 accrued prior to its repeal, as the defendant defaulted and the Charge terms allowed immediate enforcement without the need for a prior demand. By virtue of the Interpretation Act 2005, the court retains jurisdiction to grant possession. Subsequent arrangements did not waive the plaintiff's accrued rights.

Court Disposition

Order for possession granted, subject to filing corrective affidavits and supplemental evidence.

Orders

  • Corrective affidavit of service to be filed.
  • Corrective affidavit regarding defendant's wife's residency to be filed.