Barrett -v- Leahy [2015] IEHC 734 (25 November 2015)

Barrett -v- Leahy [2015] IEHC 734 (25 November 2015)

The court has no general jurisdiction, whether statutory or equitable, to vacate or discharge a judgment mortgage merely because monies have been lodged in court as security; only statutory grounds for extinguishment apply.

Citation
[2015] IEHC 734
Parties
Plaintiff: John Barrett; Defendant: Maurice Leahy
Jurisdiction
Ireland
Judgment Date
25 November 2015
Procedural Posture
Motion / Post Judgment Enforcement
Outcome
Relief refused
Legal Topics
Judgment Mortgage, Enforcement of Judgments, Equitable Relief, Mareva Injunction
Property Law Civil Procedure Judgment Mortgage Enforcement of Judgments Equitable Relief Mareva Injunction

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Parties

John Barrett

Plaintiff

Maurice Leahy

Defendant

Procedural Posture

Motion / Post Judgment Enforcement

Legal Issues

  1. 1 Whether the court has jurisdiction to vacate or discharge a judgment mortgage when monies have been lodged in court as security for the judgment debt
  2. 2 Whether equitable principles permit the extinguishment of a judgment mortgage in these circumstances

Ratio Decidendi

The court has no general jurisdiction, whether statutory or equitable, to vacate or discharge a judgment mortgage merely because monies have been lodged in court as security; only statutory grounds for extinguishment apply.

Court Disposition

Relief refused