Irwin v Deasy [2006] IEHC 25 (31 January 2006)

Irwin v Deasy [2006] IEHC 25 (31 January 2006)

The High Court does not have jurisdiction to order sale in lieu of partition of co-owned registered land at the suit of a judgment creditor whose judgment mortgage affects only one co-owner's interest; such jurisdiction is wholly statutory and not conferred by the Registration of Title Act, 1964 or Partition Act, 1868.

Citation
[2006] IEHC 25
Parties
Plaintiff: Liam J. Irwin; First Defendant: Thomas Deasy; Second Defendant: Carmel Deasy
Jurisdiction
Ireland
Judgment Date
31 January 2006
Procedural Posture
Mortgage Suit (special Summons) / Final Judgment
Outcome
Plaintiff's application for sale in lieu of partition refused.
Legal Topics
Judgment Mortgages, Partition and Sale, Registered Land, Co Ownership, Court Jurisdiction
Property Law Mortgage Enforcement Civil Procedure Judgment Mortgages Partition and Sale Registered Land Co Ownership Court Jurisdiction

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Parties

Liam J. Irwin

Plaintiff

Thomas Deasy

First Defendant

Carmel Deasy

Second Defendant

Procedural Posture

Mortgage Suit (special Summons) / Final Judgment

Legal Issues

  1. 1 Does the High Court have jurisdiction to order sale in lieu of partition of co-owned registered land at the suit of a judgment creditor whose judgment mortgage affects only one co-owner's interest?
  2. 2 Does registration of a judgment mortgage against a joint tenant of registered land effect severance of the joint tenancy?
  3. 3 What remedies are available to a judgment creditor for enforcement of a judgment mortgage on registered land?

Ratio Decidendi

The High Court does not have jurisdiction to order sale in lieu of partition of co-owned registered land at the suit of a judgment creditor whose judgment mortgage affects only one co-owner's interest; such jurisdiction is wholly statutory and not conferred by the Registration of Title Act, 1964 or Partition Act, 1868.

Court Disposition

Plaintiff's application for sale in lieu of partition refused.

Orders

  • Declaration that monies secured by judgment mortgages stand well charged on first defendant's interest (previous order).
  • Finding as to amounts due on foot of judgment mortgages (previous order).