Tynan -v- County Regisrar for Kilkenny & Anor [2011] IEHC 250 (22 June 2011)

Tynan -v- County Regisrar for Kilkenny & Anor [2011] IEHC 250 (22 June 2011)

The plaintiff does not have an arguable case that she has a right of residence in the premises which has priority over the mortgagee’s charge, due to the execution of the Deed of Confirmation and the existence of a solicitor’s letter confirming independent legal advice; therefore, the application for an interlocutory injunction must be refused.

Citation
[2011] IEHC 250
Parties
Plaintiff: Eileen Tynan; First Defendant: The County Registrar for the County of Kilkenny; Second Defendant: Start Mortgages Limited
Jurisdiction
Ireland
Judgment Date
22 June 2011
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Application
Outcome
Application for interlocutory injunction refused
Legal Topics
Right of Residence, Priority of Charges, Registered Land, Interlocutory Injunctions, Independent Legal Advice, Deed of Confirmation
Property Law Equity Land Registration Right of Residence Priority of Charges Registered Land Interlocutory Injunctions Independent Legal Advice +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Eileen Tynan

Plaintiff

The County Registrar for the County of Kilkenny

First Defendant

Start Mortgages Limited

Second Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Application

Legal Issues

  1. 1 Whether the plaintiff has a right of residence in the premises which has priority over the mortgagee’s charge
  2. 2 Whether the Deed of Confirmation executed by the plaintiff is effective to postpone her right of residence to the mortgagee’s charge
  3. 3 Whether the plaintiff is entitled to an interlocutory injunction restraining execution of the order for possession

Ratio Decidendi

The plaintiff does not have an arguable case that she has a right of residence in the premises which has priority over the mortgagee’s charge, due to the execution of the Deed of Confirmation and the existence of a solicitor’s letter confirming independent legal advice; therefore, the application for an interlocutory injunction must be refused.

Court Disposition

Application for interlocutory injunction refused

Orders

  • Refusal of interlocutory injunction restraining execution of the order for possession
  • Court open to expediting substantive action and considering retention of sale proceeds pending final determination