Everyday Finance DAC & Ors v White & Ors (Approved) [2023] IEHC 624 (10 November 2023)

Everyday Finance DAC & Ors v White & Ors (Approved) [2023] IEHC 624 (10 November 2023)

Special circumstances existed at the time of default due to inadvertence and mistake by defendants' solicitors, omission of relevant correspondence by plaintiffs' legal advisors, and the existence of a Court of Appeal judgment indicating defendants had real prospects of success. The balance of justice favoured setting aside the default judgment to allow defendants to defend the proceedings.

Citation
[2023] IEHC 624
Parties
Plaintiff: Everyday Finance DAC; Plaintiff: Stephen Tennant; Plaintiff: Nicholas O'Dwyer; Defendant: Paul White; Defendant: Jane Gleeson; Defendant: Persons Unknown occupying 96 Avoca Park, Blackrock, Co. Dublin
Jurisdiction
Ireland
Judgment Date
10 November 2023
Procedural Posture
Application to Set Aside Default Judgment / Post Default Judgment, Pre Assessment of Damages
Outcome
Default judgment set aside; hearing for assessment of damages and relief vacated.
Legal Topics
Setting Aside Default Judgment, Appointment of Receivers, Mortgage Enforcement, Summary Judgment, Special Circumstances Under Order 27 Rule 15(2) RSC
Civil Procedure Property Law Setting Aside Default Judgment Appointment of Receivers Mortgage Enforcement Summary Judgment Special Circumstances Under Order 27 Rule 15(2) RSC

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Parties

Everyday Finance DAC

Plaintiff

Stephen Tennant

Plaintiff

Nicholas O'Dwyer

Plaintiff

Paul White

Defendant

Jane Gleeson

Defendant

Persons Unknown occupying 96 Avoca Park, Blackrock, Co. Dublin

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Default Judgment, Pre Assessment of Damages

Legal Issues

  1. 1 Whether special circumstances existed at the time of default to justify setting aside the default judgment under Order 27 Rule 15(2) RSC
  2. 2 Whether the balance of justice favours setting aside the default judgment
  3. 3 Validity of receivers' appointment

Ratio Decidendi

Special circumstances existed at the time of default due to inadvertence and mistake by defendants' solicitors, omission of relevant correspondence by plaintiffs' legal advisors, and the existence of a Court of Appeal judgment indicating defendants had real prospects of success. The balance of justice favoured setting aside the default judgment to allow defendants to defend the proceedings.

Court Disposition

Default judgment set aside; hearing for assessment of damages and relief vacated.

Orders

  • Default judgment of 27 February 2023 set aside.
  • Hearing set down for assessment of damages and relief vacated.